G. K. ILANTHIRAIYAN
R. Premalatha – Appellant
Versus
State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Chennai – Respondent
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 cal
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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