Computer Sc. B.Ed. G.T. Welf. Society Vs. Higher Sec. Scl. Computer Tech. Assn.
& Ors.  INSC 1746 (19 November 2009)
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. NOS. 2-6 AND 7 OF 2009
IN CIVIL APPEAL NO. 4187 OF 2009 Tamil Nadu Computer Science, B.Ed.
Teachers Welfare Society .... Appellant(s) Versus Higher Secondary School
Computer Teachers Association & Ors. .... Respondent(s) WITH I.A. NOS. 3-8
OF 2009 IN CIVIL APPEAL NOS. 4188-4189 OF 2009 ORDER P. Sathasivam, J.
By a common judgment dated 09.07.2009, this Court, in Civil Appeal
No. 4187 of 2009 etc., allowed the appeals filed by the appellant-herein with
the following observations/ directions:- 1 "a) Only those candidates who
had secured more than 50% qualifying marks in the Special Recruitment Test
shall be treated as qualified and recruited as Computer Instructors and they shall
be so absorbed and their service shall be so regularized in accordance with
remaining candidates who had secured less than 50% qualifying marks but above
35% marks should be declared and held to be unsuccessful and failed in the said
Special Recruitment drive but they would be allowed to appear in the next
Recruitment Test to be held for filling up the remaining vacant posts of
Computer Instructors without insisting upon them to have B.Ed. degree as one
time exception and concession;
c) The State
Government shall also hold the said test by inviting applications through
issuing an advertisement and also allow candidates to take the test sponsored
by the Employment Exchange. In the said test all other rules of appointment for
such post and the rules of reservation would also apply. The only exception
would be the candidates who had received more than 35% marks in the earlier
Special Recruitment drive but less than 50% marks which was qualifying marks
may not have B.Ed. degree, which would be treated as one time exception for
them as they were working as Computer Instructor."
After disposal of the appeals on the above terms, both parties to
the proceedings have now filed the present applications for
Higher Secondary School Computer Teachers Association-first
respondent in Civil Appeal No. 4187 of 2009 has filed I.A. Nos. 2 and 3 of
2009. In I.A. No. 2, they prayed for correction of the figures appearing in
paras 10, 12 and 14 of the judgment dated 09.07.2009 passed by this Court in
Civil Appeal No. 4187 of 2009 as "857 to read as 894 and 829 to read as
In I.A. No. 3 of 2009, the very same applicant has prayed for
clarification to the effect that in the proposed test to be held by the State
Government in terms of the common judgment, all candidates who secured more
than 50% marks would be entitled to be regularized in service.
Government of Tamil Nadu has also filed I.A. Nos. 4 to 6 of 2009
in Civil Appeal No. 4187 of 2009. In I.A. No. 4 of 2009, the State Government
has sought the following clarification:
Clarify and permit the State Government to conduct examination to the
candidates who have secured 35% to 49% marks in the examination and declare the
results of the candidates who secured more than 50% marks as eligible
candidates for appointment.
Clarify and permit the State Government to recruit Vocational Computer
Instructors for the existing vacancies 175 and future vacancies for the post of
Computer Instructors through the Employment Exchange based on the seniority
with the Employment Exchange as per the policy decision and also as per the
G.O.Ms. 290, School Education Department, dated 06.12.2007 and G.O.Ms. No. 66,
School Education Department, dated 02.03.2009;
Direct the correction of the figures appearing in paras 10, 12 & 14 of the
Judgment dated 09.07.2009 passed by this Hon'ble Court in C.A. No. 4187 of 2009
as "857 to read as 894 and 829 to read as 792".
In I.A. No. 5 of 2009, the State Government has prayed for taking
on record three documents, namely, (i) Policy Note 2007-2008 issued by the
State Government (ii) G.O.Ms. NO.290 dated 06.12.2007 and (iii) G.O.Ms. NO. 66
In I.A. No. 6 of 2009, they prayed for exemption from filing
official translation of those documents.
Tamil Nadu Computer Science B.Ed. Graduate Teachers Welfare
Society-appellant in Civil Appeal No. 4187 of 2009 also filed I.A. No. 7 of
2009 praying for the following directions:- a) direct that the services of the
792 candidates who have failed in the special recruitment drive exam but are
continuing to work as computer instructors in various Government schools should
be terminated forthwith.
that the advertisement calling for applications from eligible candidates with B.Ed.
degree for filling up vacancies arising consequent upon the termination of the
services of 792 Computer Instructors, should be issued within 15 days, and the
exam should be conducted within 15 days thereafter, and c) direct that the
vacancies should be filled up following employment exchange seniority and rules
of reservation from among the passed candidates who secure pass marks of 50% in
the special exam to be conducted by the Teacher Recruitment Board, State of
The appellants also filed I.A. Nos. 3-8 of 2009 in Civil Appeal
No. 4188-4189 of 2009 praying for the same clarification.
Heard learned senior counsel appearing for the respective parties.
On going through the judgment dated 09.07.2009, various
applications for clarification/direction sought for by the parties concerned
and after hearing their respective arguments, we are not inclined to alter or
review the earlier decision. However, in the light of the doubts raised and in
view of certain clarifications sought for by the parties including the State of
Tamil Nadu represented by Mr. Gopal Subramanium, learned Solicitor General of
India, and typographical errors crept in certain paras, we clarify the judgment
in the following terms:
permit the State Government to (i) conduct examination to the candidates who
have secured 35% to 49% marks in the examination and declare the results of the
candidates who secured 6 more than 50% marks as eligible candidates for
recruit Vocational Computer Instructors for the existing 175 vacancies and
future vacancies for the post of Computer Instructors through the Employment
Exchange based on the seniority with the Employment Exchange as per the policy
decision of the State Government as well as Government Orders applicable to
appointment to the post of Computer Instructors;
figures appearing in paras 10, 12 and 14 of the judgment dated 09.07.2009 in
Civil Appeal No. 4187 of 2009 etc. may be read as 894 instead of 857 and 792
instead of 829;
Except the above clarification, the judgment dated 09.07.2009
remains undisturbed in all other respects. All the applications are disposed of
....................................CJI. (K.G. BALAKRISHNAN)
.......................................J. (V.S. SIRPURKAR}
..........................................J. (P. SATHASIVAM)
NOVEMBER 19, 2009.