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IN THE HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J.
R. Premalatha – Petitioner
Versus
State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Chennai & Others – Respondents
W.P. No. 16686 of 2023
Decided On : 14-03-2024
Promotion - Qualification - M.P.Ed - GO.Ms.No.133 School Education Department dated 14.06.2007 - Summary of Acts and Sections: GO.Ms.No.133 School Education Department dated 14.06.2007 - The court discussed the qualifications required for the post of Senior Lecturer and Lecturer in Directorate of Teacher Education, Research and Training and District Institute of Education and Training. It emphasized the importance of creating promotional avenues for government servants and the constitutional obligation to do so under Articles 14 and 16 of the Constitution of India. The court also referred to the judgment in the case of Dr.Ms.O.Z.Hussain Vs. Union of India and State of Tripura and others Vs. K.K.Roy to support its decision.
Fact of the Case:
The petitioner sought promotion to the post of Senior Lecturer based on her qualifications including M.P.Ed. The first respondent rejected the request citing the lack of M.Ed. qualification as per the Service Rules.
Finding of the Court:
The court found that the petitioner, despite possessing M.P.Ed, was not considered for promotion due to the absence of M.Ed. qualification, which was required for the post of Senior Lecturer as per the Service Rules.
Issues: The main issue was whether the petitioner, with M.P.Ed qualification, should be considered for promotion to the post of Senior Lecturer despite the requirement of M.Ed. qualification as per the Service Rules.
Ratio Decidendi: The court held that the petitioner should be promoted to the post of Senior Lecturer based on her M.P.Ed qualification, emphasizing the need to create promotional avenues for government servants and the constitutional obligation to do so under Articles 14 and 16 of the Constitution of India.
Final Decision: The court quashed the impugned letter and directed the respondents to make necessary amendments in the promotion policy to consider M.P.Ed as the relevant qualification for the post of Senior Lecturer and promote the petitioner accordingly.
JUDGMENT :
(Prayer: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Letter issued by the 1st respondent in Letter (MS) No.233/ Kaaapa/ 2022 dated 29.12.2022 and to quash the same and consequently directing the respondents to grant promotion to the petitioner in the post of Senior Lecturer from the relevant panel year 2012 on par with her batch mates in other subjects, by considering the M.P.Ed. Degree the relevant qualification for the post of Lecturer with consequential promotion to the higher post, with all consequential and other attendant benefits, within a time frame to be fixed by this Court.)
1. This writ petition has been filed challenging the letter issued by the first respondent dated 29.12.2022 thereby rejected the request made by the petitioner seeking promotion to the post of Senior Lecturer.
2. The petitioner is qualified with B.Sc., B.Ed. (Maths), M.A.(Sociology), M.A.(History), M.P.Ed. and M.Phil. in Physical Education. She was appointed as Lecturer in the Department of Physical Education in District Institute of Education and Training (hereinafter called as 'DIET') on 03.10.2000. Her services were regularised and she successfully completed her probationery period. Though Service Rules applicable to teaching and administrative posts in School Education Department, for the Teacher Training Institute, DIET, subsequently a separate Directorate was formed for looking after the Teacher Education vide GO.Ms.No.748 Education Department dated 04.06.1990. Subsequently, another order was passed in GO.Ms.No.98 dated 13.08.1997 thereby streamlined the recruitment procedure for various categories of posts filled up by promotion and direct recruitment through Teachers Recruitment Board. The Government framed Adhoc Rules for Tamilnadu Teacher Educational Service notified in GO.Ms.No.133 School Education Department dated 14.06.2007. As per the Service Rules, the qualifications for the post of Senior Lecturer and Lecturer in Directorate of Teacher Education, Research and Training and District Institute of Education and Training are given as follows:
| Posts | Method of Recruitment | Qualifications |
|
1. Senior Lecturers in Directorate of Teacher Education Research and Training and District Institutes of Education and Training |
Direct Recruitment
---------- Promotion and recruitment by transfer | i) Masters Degree with not less than 50% marks; and (ii) M.Ed. Degree with not less than 55% marks; -------- |
|
2. Lecturers in Directorate of Teacher Education Research and Training and District Institutes of Education and Training |
Direct Recruitment and recruitment by transfer | (i) Masters Degree with not less than 50% marks in Tamil, Telugu, Malayalam, Urdu, English, Mathematics, Physics, Chemistry, Biology, Botany, Zoology, History and Geography and (ii) M.Ed. for Lecturers in Languages or subjects and M.P.Ed. for Lecturers in Physical Education, with not less than 55% marks. |
2.1 Thus it is clear that as per the Service Rules, apart from Master Degree, candidate must possess M.Ed. for Lecturers in languages or subjects and M.P.Ed for Lecturers in Physical Education with not less than 55 marks for recruitment to the post of Lecturer in DIET. As far as the post of Senior Lecturer is concerned, it is to be fill up by direct recruitment or by promotion and recruitment by transfer. The qualification is Master Degree and M.Ed. with not
AI
The central legal point established in the judgment is the obligation to create promotional avenues for government servants and the constitutional obligation to do so under Articles 14 and 16 of the ....
Denial of promotion based on accepted qualifications is arbitrary and violates principles of natural justice.
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
Discrimination against qualified teachers in promotion constitutes a violation of constitutional rights to equality.
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