The court ruled that under the old regulations, overlapping degrees do not disqualify a candidate if the required qualifications are met for appointment as PG Assistant.

JUDGMENT :

S. SRIMATHY, J.

The present writ appeal is filed against the order, dated 26.07.2024, passed in W.P.(MD)No.17132 of 2024.

2.The Writ Petition was filed challenging the proceedings of the third appellant, dated 17.07.2023 and to direct the second appellant to approve the appointment of the first respondent/writ petitioner as PG Assistant (Political Science) in the second respondent School with effect from 01.07.2019 and to disburse grant-in-aid towards his salary and other monetary benefits.

3.According to the first respondent/writ petitioner, he was appointed as a P.G Assistant (Political Science) in the second respondent School. When the writ petitioner's appointment was sent for approval, the same was returned on 17.07.2023 seeking certain clarifications. One of the clarifications was that the writ petitioner had completed M.A (Political Science) in the year 2014-2015 and thereafter, he had done B.A (Political Science) in the year 2015-2017. Hence, the proposal was returned seeking for Government Orders to approve the writ petitioner's qualification, as it deviated from the pattern of 10+2+3+2. 4.The writ Court, by order dated 26.07.2024, allowed the Writ Petition, wherein it is stated as follows:

“4.As per the Tamil Nadu Private Schools Regulations Rules, 1974, the qualification criteria required for appointment of PG Assistant is reads as follows:

"(i) a Master's Degree or its equivalent standard the subject in respect of which the appointment is made.

Provided that persons holding the certificate in Science and Humanities for Graduate Teachers in High Schools shall be considered for appointment as teachers in the subject relating to Science and Humanities:

Provided further that, other things being equal, preference shall be given to those who have studied the same subject in which he has obtained the Post Graduate degree as main subject under Part III in degree level:

Provided also that for appointment to certain subjects in which Master's degree are not awarded, persons possessing Master's degree in other subjects shall be considered:

Provided also that a Master's degree in Statistics or its equivalent standard in Statistics shall be an alternative qualification for appointment as subject teachers in Maths by promotion; and (ii) B.T. or B.Ed, degree or its equivalent"

However, the petitioner appears to have done his post graduation after he has got qualified in Under Graduation in some other subject (B.Sc., Maths) only, thereafter, he had done B.A (Political Science) also.

5.In Private Schools Regulation Rules, 2023 there is an addition stating that the candidate must possess UG and PG degree in the same subject or equivalent in respect of which the recruitment is made. Even though the Tamil Nadu Private Schools Regulation Act 2018 and its Rules, 2023 come into force only from 13.01.2023, the petitioner's appointment relates back to the year 2019, during which time, the old Rules is in force. The old Rules does not prescribe the condition that the candidate should possess both the UG and PG degree in one and the same subject.

6.A similar issue when surfaced in W.P(MD) No. 16669 of 2016 and in the said case, the Government Order prescribing both the UG and PG degree in one and the same subject for the appointment of PG Assistant in Political Science has been challenged.

7.This Court has observed that the qualification prescribed under Section 56 of the Tamil Nadu Private Schools Regulations Act is applicable to the case of the petitioner therein and without amendment of the Rules, the execution orders in the name of G.O.Ms. No. 361 School Education Department, dated 31.12.1999 and G.O.Ms.No.720, Education Department, dated 28.04.1991 should be issued a