JUDGMENT :

R. Subramanian, J.

[Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 11.12.2017 made in W.P.No.11517 of 2012.]

The Director of School Education is on appeal aggrieved by the order of the writ Court setting aside the proceedings dated 12.04.2012, in and by which, the promotion granted to the respondent as Tamil Pandit on 12.03.2012 was withdrawn on the ground that the petitioner was not qualified.

2. The respondent who was working as a Junior Assistant in the Census Department, on retrenchment, was appointed as Junior Assistant in the education department on 01.03.2004 and his services were regularized on 10.11.2009. The respondent has passed his SSLC (X Standard) in 1980 and thereafter appeared for his Higher Secondary (XII Standard) Examination conducted in April 1982. He was not successful, having failed in Mathematics. However, the respondent completed B.Lit., from Alagappa University in 2007 and also completed M.A. Tamil in 2011. Thereafter, he appeared again in the Supplementary Examination conducted in September 2010 and cleared the Mathematics paper also.

3. The Department offered for promotion of clerical staff as teachers provided they had the prescribed qualification and 2% reservation was made for such promotions. The respondent applied for such promotion and he was promoted on 12.03.2012. Subsequently, the Department realized that the promotion of the respondent was not in consonance with the relevant Rules, since G.O.No.107 dated 18.08.2009 which governs the issue specifically provides that only persons who had obtained degrees in Open University system after having passed in the Higher Secondary Examination would be considered to be holding a valid graduation degree to enable them to seek employment in the State's services. The said Government Order reads as follows:-

4. After considering the recommendations of the Equivalence Committee, the Government has decided to accept the same and ordered that the Diploma/ Degree/ Post Graduate degree awarded by Open Universities after passing Secondary School Leaving Certificate (SSLC) and Higher Secondary Course (HSC) is only eligible for appointment/ promotion in Government services.

4. Since it was found that the promotion given to the respondent was in violation of the Government Order, the Department recalled the order of promotion on 12.04.2012. It is this order which is subject matter of challenge before the writ Court.

5. The writ Court had allowed the writ petition relying upon the judgment in J. Joseph Irudayaraj Vs. Joint Director of School Education, Chennai. Though the writ Court referred to the judgment of the Hon'ble Supreme Court in Annamalai University Vs. Secretary to Government reported in (2009) 4 SCC 590, it was sought to be distinguished on the ground that it related to the Post Graduate degree obtained though Open University system without obtaining Under Graduate degree.

6. The learned Special Government Pleader would contend that the issue involved is covered by the judgment of the Division Bench of this Court in The Chairman, Teachers Recruitment Board Vs. A. Valarmathi and others in W.A.Nos.1496 to 1498 of 2015 dated 21.08.2018 to which one of us (Hon'ble Mr. Justice R. Subramanian) was a party. In the said judgment the Division Bench had considered the issue relating to eligibility fixed by the Teachers Recruitment Board. As per the Rules, the qualification for secondary grade teacher is a graduate in any of the subjects with B.Ed., or B.Lit.,. Such graduation must have been obtained after completion of 12 years of regular school education and having secured a pass in Higher Secondary School Examination.

7. Various attempts have been made by persons to secure employment as teachers by obtaining degrees in different shortcut methods. All these methods were dealt with by this Court in R. Thirunavukkara