ORDER :

Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the impugned proceedings of the 1st respondent in Letter No.4937/T2- 1/2019-5 dated 22.07.2020, quash the same and consequently direct the 1st respondent to include the petitioner's name in the appropriate place in the regular panel for the year 2017-18 and consider the petitioner for promotion to the post of Assistant Director of Tourism with effect from 01.09.2017.

This is the second round of litigation. The petitioner has challenged the impugned order dated 22.07.2019 bearing reference No.4937/T2-1/2019-5 of the 1st respondent passed pursuant to an order dated 24.10.2019 of this Court in W.P.No.18392 of 2019. Relevant portion of the impugned order reads as follows:-

“3. Based on the orders of the Hon'ble High Court dated 24.10.2019, your representation dated 13.05.2019 and further representations mentioned in the reference 1st cited were examined.

4. It is pertinent to note that you have passed 10th Std (SSLC) on March 1982 and joined H.Sc(+1) first year during the academic year 1982-83 on 12.07.1982. In the meantime, you were appointed as Junior Assistant on compassionate grounds and joined in Tourism department on 25.05.1983. Later you have got admitted in the second year Foundation Course directly in Madurai Kamaraj University- Open University during 1984 and then passed a Degree in Commerce through Distance Education during 1987.

5. In this regard, it is informed that in G.O.(Ms.)No.107, Personnel & Administrative Reforms (M) Department, dated 18.08.2009, orders have been issued prescribing the degree qualification in the pattern of 10, +2, +3 for appointment/promotion to Public Services. In Letter No.33448/M/2010-4, Personnel and Administrative Reforms (M) Department, dated 03.12.2010, it has been clarified that a degree awarded by the Open Universities after passing Pre-Foundation Course and two years Foundation Course through Open University cannot be recognized a degree as per University Grants Commission norms for the purpose of employment/promotion in Public Services since such Pre-Foundation Course and 2 year Foundation Course are not contemplated in the University Grants Commission Regulations.

6. Further, in G.O.(Ms) NO.144, P & AR (M) Department, dated 20.11.2017, orders were issued that the Foundation Courses offered by various Universities are not equivalent to Higher Secondary Course (+2). As per Section 25 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, for appointment to public service, a degree should be in the pattern of 10, +2, +3. As per Rule 5 of the Special Rules for the post of Tourist Officer, educational qualification of degree is prescribed for appointment to the post of Tourist Officer from Assistant Tourist Officer Grade II by Recruitment by transfer.

7. Considering the above orders and rules, it is found that you have not passed the degree in the regular pattern of 10 + 2 + 3 (i.e. After passing SSLC (10th )& Higher Secondary Course (+2). Hence you are not qualified to hold the post of Tourist Officer/Publication Officer. 8.I am also to inform you that there is no specific direction in the order dated 24.10.2019 in W.P.No.18392 of 2019 to promote you as Assistant Director. Therefore, your request to promote to the post of Assistant Director is not feasible as per the rules in force.”

2. By the impugned proceedings in Letter No.4937/T2-1/2019-5 dated 22.07.2020 the petitioner has been informed that the petitioner was neither qualified to be appointed to the post of Tourist Officer on promotion from the post of Assistant Tourist Officer Grade II and therefore the request of the Petitioner to promote to the post of Assistant Director was not feasible as per the rules in force.

3. It has been further observed that there was no specific direction in the order dated 24.10.2019 in W.P.No.18392 of 2019 to promote the petitioner as an