ஆசிரியர் பயிற்றுநர் பணியிலிருந்து பட்டதாரி ஆசிரியராக பணி மாறுதல் பெறுவதற்கு (BRTE to BT Conversion) ஆசிரியர் தகுதித் தேர்வில் தேர்ச்சி கட்டாயம் - சென்னை உயர்நீதிமன்றம் தீர்ப்பு - W.P. No. 7639 of 2023 and WP Nos.7796, 7797 and 7799 of 2023...
>>> சென்னை உயர்நீதிமன்றத் தீர்ப்பு - தரவிறக்கம் செய்ய இங்கே சொடுக்கவும்...
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P. No. 7639 of 2023 and WP Nos.7796, 7797 and 7799 of 2023..
7. In the facts of the present case, there is no scope for interfering with the action taken by the respondents in transferring BRTEs to the post of B.T. Assistants for those who were all recruited between 2002 to 2010 and were selected to the respective post before 23.08.2010. The problem arises only in those cases where such appointment/promotion/transfer has been made after 29.07.2011. The learned Government Advocate appearing on behalf of the respondents relied upon the adhoc arrangement that was made under G.O.Ms.52 dated 30.03.2006. This adhoc arrangement that was made will not override the judgment of the Division Bench which categorically holds that any appointment made to the post of B.T.Assistant after 29.07.2011, whether by direct recruitment or promotion or by way of transfer, must necessarily pass TET. In view of the same, when a BRTE is interchanged and transferred as a B.T.Assistant after 29.07.2011, to hold the position of the B.T. Assistant, the concerned candidate must have passed TET.
8. Even though the post of BRTE and B.T.Assistant are interchangeable, it is not as if the same person will be holding a dual post. At any given point of time, the concerned person may be holding the post as BRTE or as B.T.Assistant. Therefore, when the person is adorning the role of BRTE and is intended to be changed as B.T.Assistant, it involves a transfer to the post of B.T.Assistant. Once that happens, automatically the mandate prescribed by the Division Bench will come into operation and for all those transfers made after 29.07.2011, for holding the post of B.T.Assistant, TET becomes mandatory.
9. The above clarification will suffice and the same is to be kept in mind by the official respondents when they undertake the exercise of interchangeability between BRTEs and B.T.Assistants.
10. This Writ Petition is disposed of with the above observation. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
19.08.2024
