Promotions in government service must adhere to specified educational qualifications, notably the 10+2+3 pattern, to be valid; prior promotions awarded despite this requirement were upheld on grounds of equity.

JUDGMENT :

R. Suresh Kumar, J.

(Prayer: Writ Appeal filed under of the Letters Patent Act, to set aside the order of dismissal dated 02.04.2018 made in W.P.No.7472 of 2018, thereby allow the W.P.No.7472 of 2018.)

1. The core issue raised in this batch of cases since is one and same, with the consent of the learned counsel appearing for the parties, all these cases, i.e., writ appeal, writ petitions as well as contempt petitions were heard together and are disposed of by this common order.

2. Background facts:

2.1. That the respondent University of Madras (in short "The University" is a State University, has been functioning under the Madras University Act, 1923. The writ appellant in W.A.No.997 of 2018, M.Mani and others had initially entered into service as Assistant in the University, where the prescribed qualification was only SSLC (Fail). Those who had entered into service with that qualification, subsequently wanted to qualify themselves, therefore they have written entrance examination and after having passed out the entrance examination, they joined the University in UG Degree, i.e., B.A., course through Open University System and they become successful in the Degree. In addition to that, all of them have acquired the additional qualification of Typewriting in English. Since at the initial stage, they entered into service only with the qualification of 10th Standard fail, subsequently, some of them passed the 10th Standard in March 2014, some of them passed in March 2017 and some of them have not passed 10th Standard and thereafter some of them passed 12th Standard in 2016, 2018 etc., and some of them have not passed 12th Standard. Thereafter they cleared the further degree and some of them even become successful in PG Degree. All these qualification they acquired only through Open University System.

2.2. From the post of Assistant, they had been further promoted as Assistant Section Officer, their further promotion was Section Officer, which promotion according to them was due. However such a promotions had not been given to them or they had not been considered for such a promotion to the post of Section Officer.

2.3. The reason being for such a non-consideration of promotion to the post of Section Officer, according to them that, their qualification which they acquired subsequent to the joining in the Service at University through Open University System is not inconsonance with the Government Order issued in this regard by the Government of Tamil Nadu in G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.08.2009, as the said Government Order has envisaged that, for the purpose of public employment in the State, where the UG degree of Post Graduation if are prescribed as a qualification, such a qualification must have been earned by those aspirants through the 10+2+3+2 pattern.

2.4. That means, after completion of SSLC-10th standard, they should have pursued their +2 course, i.e., 11th and 12th on regular basis and thereafter only if they joined a UG Degree course through the Open University Scheme or Regular scheme and become successful in the UG Degree, such a UG Degree would be considered as a valid qualification. Like that, after completion of UG Degree under the method said above if they further pursued the PG qualification and if they become successful in such PG qualification either in Regular mode or Open University Scheme, such a PG qualification also can be considered as a valid qualification. Without this valid qualification of UG Degree or PG Degree as the case may be secured after having undergone the 10+2 pattern and PG Degree in Open University Scheme, without this 10+2+3 pattern, such a UG Degree or PG Degree cannot be considered as a qualification for appointmen