The possession of an educational qualification does not confer the right to claim upgradation, and upgradation cannot be claimed as a matter of right by the employees.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the 2nd respondent in Na. Ka. No. 88721/D2/E1/2013 dated 29.01.2014 and quash the same and direct the respondents to approve the appointment of the petitioner in the Post of Headmaster or B.T. Assistant in the 8th respondent High School w.e.f. 01.03.1998 with all consequential benefits.

1. The order of rejection dated 29.01.2014, rejecting the claim of the writ petitioner for upgradation of post and approve the appointment of the petitioner in the post of Head Master or BT Assistant in the 8th Respondent High School, with effect from 01.03.1998, is under challenge in the present writ petition.

2. The writ petitioner was appointed as a Secondary Grade Teacher on 22.07.1991, in the 8th respondent school. The petitioner studied B.A. in the year 1983 and B.Ed in the year 1985. His appointment was not approved and he filed W.P. No. 13667 of 1991, for approval of his appointment and the said writ petition was allowed and thereafter, his appointment was approved from the date of his initial appointment. The 8th respondent school was upgraded as high school in the year 1996-97 by the proceedings of the Joint Director of School Education dated 12.01.1998. Consequently, the High School Sections were bifurcated and are functioning separately. The then middle school Headmaster was only a Secondary Grade qualified and therefore, he was transferred to the primary school and there is no Headmaster for the High School. In this context, the petitioner set out a claim by stating that he is fully qualified for appointment to the post of B.T. Assistant and his case is to be considered for upgradation of post in the said school, so as to accommodate him.

3. The learned counsel appearing on behalf of the writ petitioner reiterated that several recommendations were made by the District Educational Officers and such recommendations were forwarded to the Directorate also. Inspite of the fact that the School is eligible for such upgradation and the petitioner was also qualified during the relevant point of time for appointment as B.T. Assistant, the respondents have failed to upgrade the post as B.T. Assistant/Middle School Head master and therefore, the petitioner is deprived of his appointment as B.T. Assistant/Middle School Head master. The petitioner is now performing the duties of the Headmaster and receiving the pay applicable to the post of Secondary Grade Teacher. This being the factum, the post of the writ petitioner i.e. Secondary Grade Teacher is to be upgraded as B.T. Assistant/Middle School Headmaster with all consequential benefits.

4. The learned counsel for the petitioner further made a submission that the authorities have failed to consider the issues during the relevant point of time. Though the school was upgraded during the year 1996-97 and the high school sections started functioning separately, the post of the Secondary Grade Teacher ought to have been upgraded and the recommendations were made in this regard, but no final order has been passed, upgrading the post which resulted in denial of appointment to the writ petitioner.

5. The learned Government Advocate appearing on behalf of the respondents objected the said contentions by stating that no doubt, the school was upgraded through the proceedings of the Joint Director of School Education dated 12.01.1998. Under the management of the 8th respondent, no other schools are functioning. Therefore, the post of Middle School Headmaster was unable to be transferred to any other school. During the relevant point of time, the incumbent Middle School Headmaster was not possessing the requisite qualification of B.Ed and therefore, the said post was converted as Elementary School Headmaster. Under those circumstances, the recommendations were not consider