Supreme Court Upholds Tamil Nadu GO Fixing 50% Marks For Eligibility To Undergo TTC Course For Appointment In State

The Supreme Court upheld a Tamil Nadu Government Order fixing 50% marks in SSLC for eligibility to undergo Teachers' Training Certificate Course for appointment in the State.

The State Government, in exercise of its Executive Power, can determine the minimum eligibility conditions of the marks for appointment, the bench comprising Justices Hemant Gupta and Sudhanshu Dhulia observed.

In this case, a candidate had obtained one year Teachers' Training Certificate from the State of Nagaland and had obtained less than 50% marks and therefore she was treated ineligible for appointment as Secondary Grade Teacher. While allowing a writ petition filed by the candidate, the Madras High Court held that the Government Order runs contrary to the statutory rules, therefore, cannot be given effect to. It directed the department to evaluate the Teachers' Training Certificate obtained by the candidate.

In appeal, the bench noticed that the Tamil Nadu Recognised Private Schools (Regulations) Act, 1973, and the Rules thereunder do not prescribe any minimum percentage of marks to be obtained in Secondary School Leaving Certificate for admission to undergo Teachers' Training Certificate Course. 

"The State Government, in exercise of its Executive Power, can determine the minimum eligibility conditions of the marks for appointment in the State. The decision of the State in its executive power cannot be contradictory to the express provision of the statutory Rules, but where the statute and Rules are silent, the State Government, in exercise of its executive power, is competent to supplement the rules. The executive power of the State is to supplement and not supplant.", the court said.

The court therefore held that the finding of the High Court that the Government Order runs counter to the statutory rules is not tenable in law.

Case details

Director of Teacher's Training Research Education vs OM Jessymol | 2022 LiveLaw (SC) 759 | CA 6991 OF 2015 | 30 August 2022 | Justices Hemant Gupta and Sudhanshu Dhulia 

Headnotes

Tamil Nadu Recognised Private Schools (Regulations) Act, 1973 - Government Order fixing 50% marks for eligibility to undergo Teachers' Training Certificate Course for appointment in the State of Tamil Nadu - Upheld. (

Administrative Law - The decision of the State in its executive power cannot be contradictory to the express provision of the statutory Rules, but where the statute and Rules are silent, the State Government, in exercise of its executive power, is competent to supplement the rules. The executive power of the State is to supplement and not supplant.

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