The delay in decision making by the respondents deprived the petitioners of an opportunity of getting promoted, leading to the court allowing the petition for the petitioners and three other applicants in O.A. No.1650/2016 as a special one-time measure.

ORDER :

R.HEMALATHA, J.

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari or any other Writ, Order or direction to call for the records of the 3rd respondent with regard to the order in O.A. No.1650 of 2016 dated 26.03.2019 and to quash the same and consequently to direct the respondents 1 and 2 to promote the petitioners by absorption to the post of Demonstration Assistant with all other consequential benefits.

The three petitioners are Mazdoors in the Agricultural Department, Puducherry. They have challenged the order of the Central Administrative Tribunal, Madras Bench, in O.A. No.310/01650/2016 & MA No.498/2018, dated 26.03.2019.

2. The facts of the case in brief are as follows:

i. The three petitioners along with another three (who were also applicants in O.A. No.1650/2016) are all mazdoors in the Agricultural Department of Puducherry Government. Their only promotional avenue was becoming Demonstration Assistant for which the stipulated educational qualification was a pass in SSLC or it equivalent. This was as per Recruitment Rules published on 22.03.2013.

ii. On 12.08.2014, there was a proposal to fill up the post of Demonstration Assistant by absorption from the cadre of Mazdoor.

iii. These candidates/petitioners had completed the pre-foundation course offered by Annamalai University in May 2016, which was considered as equivalent to a pass in SSLC.

iv. However, on 03.03.2017, in a clarification sought from Personnel and Administrative Reforms (M) Department, Government of Tamil Nadu, it was mentioned that pre-foundation course of Annamalai University is not recognised as equivalent to SSLC of Tamil Nadu Government as it is not contemplated in the UGC regulations for formal education.

v. Consequently, the Departmental Promotion Committee which met on 28.06.2018 referring to the G.O.Ms.No.144 dated 20.11.2017 of Government of Tamil Nadu decided not to consider the promotion of 7 candidates who had passed pre-foundation course of Annamalai University.

vi. Six of them approached Central Administrative Tribunal in O.A.No.1650/2016 in which by order dated 26.03.2019, their prayer was negated and it was held that the Central Administrative Tribunal was bound by the dictum laid down by the Hon'ble High Court of Madras in A. Ponnuswamy vs. State of Tamil Nadu dated 15.12.2016 and therefore the pre-foundation course is not equivalent to the SSLC exam. This order is challenged in this petition.

3. Heard Mr. V. Ajayakumar, learned counsel appearing for the petitioners and Mr. R. Syed Mustafa, learned Special Government Pleader (Puducherry), appearing for the respondents 1 and 2.

4. The learned counsel appearing for the petitioners would contend that the only avenue for promotion open to them is by way of educational qualification attained and that while they joined the pre-foundation course, they were not made to know about the non-recognition of the course and suddenly declaring that it is not equivalent to SSLC is totally arbitrary and unfair. His another contention was that the said judgment in W.P. (MD) 22071 of 2015 relied upon by the Central Administrative Tribunal has no relevance to the instant case because it was held in that case as "since the petitioner's qualification is not treated as equivalent, this Court is not inclined to accede to the prayer by the petitioner". Another observation was that "completion of 10th standard through regular schooling system is a must for promotion" which according to the counsel was not similar to the facts of the present case. Therefore, according to him this dispute has not been settled yet and the petitioners have to be rendered justice.

5. Per contra, the learned counsel for the respondents 1 and 2 contended that the old system of education has undergone many significant changes and UGC on its part has come out with many new st