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2014 Supreme(Mad) 882
High Court of Judicature at Madras
D. HARIPARANTHAMAN, J.
V. Chandrasekaran
Versus
The Principal Secretary Department of Differently Abled Fort St. George, Secretariat, & Another
W.P. No. 13060 of 2012 & M.P. No. 1 of 2012
Decided on: 16-04-2014
Advocate Appeared
For the Petitioner:P. Chandrasekar, Advocate.
For the Respondents:I. Arockiasamy, Government Advocate.
The central legal point established in the judgment is the interpretation of government orders and previous court judgments regarding the equivalence of qualifications for the post of P.G. Assistant (Tamil) in Special School.
Headnote:
Education - Teacher Training Certificate - G.O.Ms.No.107, Personnel and Administrative Reforms Department, dated 18.08.2009, G.O.Ms.No.116, Personnel and Administrative Reforms Department, dated 18.08.2010, G.O.Ms.No.242, Higher Education Department, dated 18.12.2012 - The court quashed the impugned order and directed the respondents to promote the petitioner as P.G. Assistant (Tamil) based on the interpretation of the relevant government orders and previous court judgments.
Fact of the Case:
The petitioner sought to quash an order stating that he could not be posted as P.G. Assistant in Special School due to lack of requisite qualifications and should be reverted to the post of Secondary Grade Teacher.
Finding of the Court:
The court found that the impugned order was based on the petitioner's degree obtained through Distance Education Mode without passing +2 examination, which was deemed invalid. However, the court interpreted relevant government orders and previous judgments to rule in favor of the petitioner.
Issues: The issues revolved around the validity of the petitioner's qualifications and the interpretation of government orders regarding equivalence of qualifications.
Ratio Decidendi: The court relied on G.O.Ms.No.242, Higher Education Department, dated 18.12.2012 and previous judgments to establish that the impugned order was liable to be quashed.
Final Decision: The court allowed the writ petition, quashed the impugned order, and directed the respondents to promote the petitioner as P.G. Assistant (Tamil) with all benefits.
1. Heard both sides. With the consent of both parties, the writ petition is taken up for final disposal.
2. Though counter affidavit is not filed, the learned Government Advocate has made his submissions based on instructions.
3. The petitioner passed S.S.L.C. (11 years course) in March 1974. He underwent Teacher Training Course in Karnataka for a period of two years from April 1982 to April 1984 and passed the said course. The Teacher Training Certificate obtained in Karnataka was considered as equivalent to the Teacher Training Certificate for appointment to the post of Secondary Grade Teacher. The Director of Elementary Education evaluated the Teacher Training Certificate obtained by the petitioner from Karnataka and issued a certificate on 31.07.1986 stating that the same is equivalent to the Secondary Grade Teacher Certificate of Tamil Nadu. In the meantime, the petitioner was appointed as Secondary Grade Teacher on 10.01.1986.
4. The petitioner passed B.Lit., (Tamil) in Madras University in May 1993 and also passed B.Ed., in May 1996. Subsequently, the petitioner passed M.A. (Tamil) in Madras University in October 1998. He worked as Middle School Headmaster (in-charge) in the School of Deaf and Dump between 30.03.1990 and 17.08.1991. Initially, the said school was a Primary School and later, it was upgraded as Middle School. Again, the petitioner was given in-charge of the post of Middle School Headmaster on 18.09.1996 and he continued in the same post till 23.08.1998. The petitioner was given full additional in-charge of the post of Middle School Headmaster on 06.08.2004. While so, the petitioner made a representation dated 08.06.2008 to the respondents to pay him the salary for the post of Middle School Headmaster.
5. In those circumstances, the petitioner was again given temporary promotion to the post of P.G. Assistant (Tamil) from the post of B.T. Assistant (Tamil) on 17.08.2009, in Government High School for the Deaf, Erode, and he was posted in Government Higher Secondary School for the Deaf at Dharmapuri. The petitioner made a representation dated 06.07.2010 to the respondents to promote him regularly to the post of P.G. Assistant (Tamil).
6. Subsequently, the petitioner filed writ petition in W.P.No.25956 of 2011 and the same was disposed of on 11.11.2011 directing the second respondent to pass orders on the representation of the petitioner.
7. Pursuant to the direction issued by this Court in the said writ petition, the second respondent passed the impugned order dated 08.02.2012 stating that the petitioner could not be posted as P.G. Assistant in Special School, as he does not possess the requisite qualification, as prescribed under G.O.Ms.No.107, Personnel and Administrative Reforms Department, dated 18.08.2009 and hence, he has to be reverted to the post of Secondary Grade Teacher.
8. This writ petition is filed to quash the aforesaid order dated 08.02.2012 of the second respondent and for a consequential direction to the respondents to promote him as P.G. Assistant (Tamil).
9. The impugned order is solely based on G.O.Ms.No.107, Personnel and Administrative Reforms Department, dated 18.08.2009. According to the respondents, the petitioner obtained degree through Distance Education Mode, without passing +2 examination, and hence, the degree obtained by him is not a valid one. Since the petitioner did not have a valid degree, the Post Graduation obtained by him also is not valid and the impugned order relies on G.O.Ms.No.116, Personnel and Administrative Reforms Department, dated 18.08.2010.
10. It is erroneously stated in the impugned order that the petitioner passed 10th Standard (S.S.L.C). But it is not so. The petitioner passed S.S.L.C. (11 years course) that was prevalent upto 1978 and thereafter only, 10+2 stream was introduced. Prior to 1978, after passing out S.S.L.C. (11 years course), one should pass Pre-University Course for admission in a degree course.
11. The petitioner obtained Teacher
