Reportable  

IN THE 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.  Graduate 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

O R D E R  

P. Sathasivam, J.

1) 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:-

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“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 law;

b) The  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.”

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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  

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 792”

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 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:

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(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 the candidates who secured more than 50%  

marks as eligible candidates for appointment.

(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  

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;

(c) 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”.    

6) 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  dated  

02.03.2009.  

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7) In I.A.  No.  6 of  2009,  they  prayed for  exemption from  

filing official translation of those documents.

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 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  

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  

Tamil Nadu.   

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9) The appellants also filed I.A.  Nos. 3-8 of  2009 in Civil  

Appeal  No.  4188-4189  of  2009  praying  for  the  same  

clarification.

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  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:   

(a) 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  

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more  than  50%  marks  as  eligible  candidates  for  

appointment.

(ii) 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;  

(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;  

12) Except  the  above  clarification,  the  judgment  dated  

09.07.2009 remains undisturbed in all other respects.  All the  

applications are disposed of accordingly.  

.….…….……………………CJI.                                                    (K.G. BALAKRISHNAN)

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…………………………………J.                   (V.S. SIRPURKAR}  

...…………………………………J.  (P. SATHASIVAM)                                  

NEW DELHI; NOVEMBER 19, 2009.     

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