The central legal point established in the judgment is the requirement for teaching posts to be filled by candidates with a regular pattern of education through regular mode of education in schools and colleges, emphasizing the importance of classroom experience for efficient teaching.

ORDER :

The order of rejection rejecting the claim of the writ petitioner for grant of promotion to the post of B.T. Assistant (Science) in Thurinjapuram Union, Tiruvannamalai District for the panel of the year 2016-2017, is under challenge in the present writ petition.

2. The petitioner was appointed as Secondary Grade Teacher in the Elementary School, Thurinjapuram Panchayat Union, Tiruvannamalai District and she was promoted to the post of Primary School Headmistress on 16.06.2008.

3. The petitioner states that she acquired B.Lit., degree in the year 2003, B.Ed., through Indira Gandhi National Open University in the year 2009 and studied B.Sc., (Physics) through Distance Education Mode conducted by St. Peters University in the academic year 2012-2013.

4. On completion of B.Sc., (Physics) in May 2015, the results were declared on 22.12.2015. Thereafter, the petitioner submitted an application to enter the qualification of B.Sc., (Physics) in her Service Register. Thus, she became eligible for promotion to the post of B.T. Assistant (Science).

5. The panel for the year 2016 was prepared and the petitioner was placed in Serial No.1 in the panel for promotion to the post of B.T. Assistant (Science). However, the petitioner was not promoted on the ground that the degree of B.Sc., (Physics) obtained by her through Distance Mode of Education from St. Peters University, is unrecognised and the said Course was not recognised by the University Grants Commission (UGC). Therefore, based on the invalid degree, the Department cannot grant promotion to the petitioner for the post of B.T. Assistant (Science).

6. The petitioner earlier filed writ petition in WP No.26384 of 2016 challenging the proceedings dated 19.07.2016 and sought for a direction to promote her to the post of B.T. Assistant (Science). This Court disposed of the said writ petition on 28.07.2016 and the relevant paragraphs 8 and 9 read as under:-

“8. Having regard to the above submission of the counsel for the petitioner, the petitioner is directed to treat the impugned order of the second respondent as a show cause notice. The petitioner is directed to submit her explanation to the said show cause notice, within a period of one week from the date of receipt of a coy of this order. The second respondent, after receiving the explanation, shall pass orders on merits and in accordance with law, within a period of two weeks thereafter. It is made clear that till such order is passed, no promotion should be given.

9. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.”

7. Pursuant to the orders of this Court, the learned counsel for the petitioner also sent a letter on 30.07.2016 to the District Elementary Educational Officer, Tiruvannamalai District and the Additional Assistant Elementary Educational Officer, Thurinjapuram Union, Tiruvannamalai District.

8. Considering all the facts and materials available on record, the Additional Assistant Elementary Educational Officer, Thurinjapuram, Tiruvannamalai District passed final orders on 13.10.2016, which is under challenge in the present writ petition.

9. The issue to be considered in the present writ petition is whether the petitioner acquired the B.Sc., (Physics) degree from St. Peters University and such a degree is recognised by the University Grants Commission (UGC) or not?.

10. The learned counsel for the petitioner relied on the Government Order issued in G.O.Ms.No.39, Personnel and Administrative Reforms Department, dated 30.04.2014, wherein the amendments were issued to Rule 19 of Tamil Nadu State and Subordinate Services General Rules.

11. In the Amendment, the Universities and the Institutions recognised by the University Grants Commission (UGC) were listed out state-wise and the name of St. Peters Institute of Higher Education and Research, Chennai (Deemed University) is placed in Serial No.508 and therefore, the St. Peters University is recognised by the