1. The petitioners passed S.S.L.C and also obtained T.T.C. Certificate. Based on the said qualification, they were appointed as Drawing Masters in High Schools between 1985 and 1987. The post of Drawing Master comes under Class 5 of the Tamil Nadu Educational Subordinate Service. The petitioners acquired B.Lit., (Tamil) between 1987 and 2006 from Madras University/Annamalai University respectively through distance education system. They were admitted to B.Lit., course after they passed the entrance examination conducted by the Madras University/Annamalai University, since they did not possess +2 qualification for admission to the degree course. Thereafter, the petitioners obtained either Tamil Pandit training or B.Ed., between 2008 and 2011. According to them, they possessed the required qualification prescribed under the Special Rules that are framed under Article 309 of the Constitution of India for the post of Tamil Pandit, which is also known as Graduate Assistant (Tamil).

2. While so, the third respondent issued the impugned list of ineligible candidates for promotion to the post of Tamil Pandit (Graduate Assistant in Tamil) as on 01.01.2013. The list has contained 131 candidates and the names of the petitioners herein except the fifth petitioner are also included in the aforesaid list. The reason stated in the impugned list for declaring them ineligible for promotion to the post of Tamil Pandit (Graduate Assistant in Tamil) is that the petitioners did not pass Higher Secondary Course before joining the degree course. As far as the fifth petitioner is concerned, he is neither included in the ineligible list nor in the eligible list.

3. It is the specific case of the petitioners that Clause 2 of University Grants Commission (the Minimum Standards of Instruction for the Grant of the First Degree Through Non-Formal/Distance Education in the Faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 (for short UGC Regulations, 1985) provides for admission to any degree course through non-formal/distance education, even if a person does not pass 12 years schooling. But he should pass the entrance test conducted by the University concerned, for admission to the degree course.

4. The petitioners have filed the present writ petition praying to quash the impugned list and has sought for consequential direction to the respondents 1 to 3 to promote them as Tamil Pandit as per the seniority with all consequential benefits, as they possessed valid degree in terms of UGC Regulations 1985 and the qualification prescribed under the Special Rules framed under Article 309 of the Constitution.

5. According to the petitioners, they are in possession of valid degree awarded by the Madras University/Annamalai University, as per the UGC Regulations, 1985. Thus, according to the petitioners, they are eligible for promotion to the post of Tamil Pandi (Graduate Assistant in Tamil).

6. The respondents 1 to 3 have filed counter affidavit refuting the allegations made by the petitioners in the affidavit filed in support of the writ petition and they have sought to sustain the impugned order solely basing on G.O.Ms.No.107, Personnel and Administrative Reforms Department, dated 18.08.2009. It is averred in the counter affidavit that as per G.O.Ms.No.107, employment or promotion in public service cannot be given to persons, who obtained degree through non-formal education, without passing 10th standard and +2 course. According to the respondents 1 to 3, since the petitioners did not pass +2 course, they were correctly not included in the eligible list for promotion to the post of Tamil Pandit.

7. The fourth respondent Madras University has filed a counter affidavit supporting the stand of the petitioners. It is stated therein that the petitioners were awarded valid degree as per the UGC Regulations. It is categorically averred in their counter affidavit that as per the notification issued by the Univer