Holding

The Court clarified that the State Government is permitted to conduct the examination and recruit via the Employment Exchange as described, and corrected the typographical errors, leaving the rest of the earlier judgment unchanged.

Summary

The Supreme Court clarified its earlier judgment in Civil Appeal No. 4187 of 2009 concerning the special recruitment of computer instructors in Tamil Nadu schools. It held that the State Government may conduct an examination for candidates scoring 35%–49% and declare those scoring above 50% as eligible for appointment, and may recruit vocational computer instructors through the Employment Exchange based on seniority as per government policy. The Court also corrected typographical errors in the earlier judgment, changing the figures 857 to 894 and 829 to 792. It affirmed that candidates with more than 50% marks are to be regularized in service, while those with 35%–49% marks may appear in a subsequent test without the B.Ed. requirement. All applications for clarification were disposed of, and the original judgment remains otherwise undisturbed.

Issues considered

Whether the State Government can conduct a test for candidates scoring 35%–49% and appoint those scoring above 50% as computer instructors.
Whether recruitment of vocational computer instructors can be made through the Employment Exchange based on seniority.
Whether the figures in the earlier judgment need correction.
Whether the earlier judgment should be altered or reviewed in light of the applications for clarification.

Subjects

service lawspecial recruitmentcomputer instructorsemployment exchangeclarificationregularizationgovernment ordersreservation

Judgment

[2009) 15 (ADDL.)'S~C.R. 1033

1
TAMIL NADU COMPUTER SCIENCE, {3.ED. GRADUATE .A
TEACHERS WELFARE SOCIETY
v.
HIGHER SECONDARY SCHOOL. COMPUTER TEACHERS
ASSOCIATION & ORS.
I.A. Nos. 2-6 and 7 of 2009
IN B
Civil Appeal No. 4187 of 2009
NOVEMBER 19, 2009
[K.G. BALAKRISHNAN, CJI, V.S. SIRPURKAR AND P.
SATHASIVAM, JJ.] c
SERVICE LAW:

SPECIAL RECRUITMENT DRIVE - Computer
Instructors in schools - Clarification of order dated 9. 7. 2009
passed by Supreme Court 1 - Held: State Government is o
permitted to: (i) conduct examination of 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; and (ii)
recruit Vocational Computer Instructors for the existing 175 E
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 - It is further clarified that the figures appearing in F
paras 10, 12 and 14 of the judgment dated 09.07.2009 may
be read as 894 instead of 857 and 792 instead of 829 -
Education/Educational institutions.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4187
of 2009. G
IA No. 2-6 & 7

1. (200Q) 10 SCR 522.
1033 H
1034 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A IN
Civil Appeal No. 4187 of 2009. \. .
From the Judgment & Order dated 22.08.2008 of the High
Court of Judicature at Madras in Writ Appeal No. 1152 of 2007.
WITH
B .~

I.A. Nos. 3-8 in C.A. Nos. 4188-4189 of 2009.
Gopal Subramaniam, SG, N. Chidambaran, Hema
Samopath, L.N. Rao, Nupur Kanungo (for Vikas Mehta), N.
Sheba, Sri Ram J. Thalapathy, V. Adhimoolam, G. Umapathy,
c Vibhu Tiwari (for Rakesh K. Sharma), Sankaran, S.
Thananjayan, for the appeari~g parties.
The Order of the Court was delivered by
ORDER
P. SATHASIVAM, J. 1. By a common judgment dated
D
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:-
"(a) Only those candidates who had secured more than
50% qualifying marks in the Special Recruitment Test shall
E
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 law;
(b) The remaining
, candidates who had secured less than
50% qualifying marks but above 35% marks should be
F
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
G 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
H
TAMIL NADU COMPUTER SCIENCE, BED. GRADUATE TEACHERS WELFARE SOCIETY 1035
v. HIGHER SECONDARY SCHOOL COMPUTER TEACHERS ASSN. [P. SATHASIVAM, J]

appointment for such post and the rules of reservation would A
.. .j 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
B
working as Computer Instructor."
2. After disposal of the appeals on the above terms, both
parties to the proceedings have now filed the present
applications for clarification/directions.
3. Higher Secondary School Computer Teachers c
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 D
792"
_j

4. 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 E
entitled to be regularized in service.
5. 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:
)
F
(a) 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 t~e candidates who secured more than
50% marks as eligible candidates for appointment.
G
(b) . 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
H
1036 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A Employment Exchange as per the policy decision
and also as per the G.0.Ms. 290, School Education
Department, dated 06.12.2007 and G.O.Ms. No. 66,
·.School Education Department, dated 02.03.2009;

(c) Direct the correction of the figures appearing in
B 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".

6. In I.A. No. 5 of 2009, the State Government has prayed
c for taking on record three documents, namely, (i) Policy Note
2007-2008 issued by the State Government (ii) G.O.Ms. N0.290
dated 06.12.2007 and (iii) G.O.Ms. NO. 66 dated 02.03.2009.
7. In I.A. No. 6of2009, they prayed for exemption from filing
official translation of those documents.
D
8. 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
E failed in the special recruitment drive exam but are
continuing to work as computer instructors in various
Government schools should be terminated forthwith.
(b) direct that the advertisement calling for applications from
eligible candidates with B.Ed. degree for filling up
F 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
G employment exchange seniority and rules of reservation
from among the passed cq,ndidates who secure pass marks
of 50% in the special exam to be conducted by the Teacher
Recruitment Board, State of Tamil Nadu.
9. The appellants also filed I.A. Nos. 3-8 of 2009 in Civil
H
J.
TAMIL NADU COMPUTER SCIENCE, B.ED. GRADUATE TEACHERS WELFARE SOCIETY 1037
v. HIGHER SECONDARY SCHOOL COMPUTER TEACHERS ASSN. [P SATHASIVAM, J.]

Appeal· No. 4188-4189 of 2009 praying for the same clarification. A
10. Heard learned senior counsel appearing for the
respective parties.
11. On going through the judgment dated 09.07.2009,
various applications for clarification/direction sought for by the
B
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, c
we clarify the judgment in the following terms:
(a) permit the State Government to
(i) conduct examination to the candidates who have
secured 35% to 49% marks in the examination and D
declare the results of the candidates who secured
~
more than 50% marks as eligible candidates for
appointment.
(ii) recruit Vocational Computer Instructors for the
existing 175 vacancies and future vacancies for the E
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;
F

(b) the 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;
G
12. Except the above clarification, the judgment dated
09.07.2009 remains undisturbed in all other respects. All the
applications are disposed of accordingly.
R.P. Applications disposed of.
H