Promotion in public service requires adherence to specific educational qualifications mandated by law, which the petitioner's Pre-Foundation Course did not satisfy.

ORDER :

Shamim Ahmed, J.

1. This Writ Petition has been filed, under the Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to accept the Pre-Foundation Course qualification of the Petitioner and to grant him a notional promotion as an Assistant Commissioner of Police with consequential monetary and pensionary service benefits.

2. The facts of case, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are as follows:-

(a) The Petitioner was enlisted as a Police Constable Grade-II on 15.10.1977 in the Tamil Nadu Police with the qualification of Discontinued SSLC-1976 and then, he was promoted as a Head Constable on 27.08.1984 and was further promoted as a Sub Inspector of Police (AR) in 1991 and thereafter, he was promoted as an Inspector of Police on 14.02.2003.

(b) In 2010, when the Petitioner submitted an application, seeking promotion to the post of Assistant Commissioner of Police (AR), his name was not included in the list for promotion to the said post, due to lack of educational qualification (SSLC qualification). Thereafter, in 2013, the Petitioner passed the Pre-Foundation Course offered by the Madurai Kamaraj University, which is equivalent to the SSLC qualification. The Petitioner made several representations, seeking promotion. The Petitioner retired on 29.02.2016. In 2021, the Petitioner made a last representation on 29.11.2021, but the same has not been considered till today. Hence, this Writ Petition has been filed, seeking the relief as stated supra.

3. In the counter affidavit filed by the Respondents 1 and 2, it is stated as follows:-

(a) The Petitioner was enlisted as a Police Constable in the Tamil Nadu Police in 1997, with the qualification of “Discontinued SSLC” and he was promoted as a Head Constable on 27.08.1984 and then, promoted as a Sub-Inspector of Police (AR) on 31.12.1991 and thereafter, promoted as an Inspector of Police (AR) on 26.02.2003. Since his educational qualification was “SSLC Discontinued”, his name was not considered for promotion to the post of Deputy Superintendent of Police (Category 2) for the year 2009-2010.

(b) Thereafter, in 2013, the Petitioner passed the Pre-Foundation Course offered by the Madurai Kamarajar University on 11.11.2013, which is equivalent to Secondary School Leaving Certificate, as per the G.O.Ms.No.528, dated 18.05.1985. However, as per the qualification prescribed in Sub-Rule (D) of Rule 4 of the Special Rules for the Tamil Nadu Police Service, for appointment as Deputy Superintendent of Police (Category 2), the Petitioner is educationally not qualified for promotion to the said post.

(c) The Pre-Foundation course passed by the Petitioner is not eligible for admission to the College Course. Further, as per the G.O.Ms.No.107, dated 18.08.2009, the Government have ordered that the Degrees, obtained through Open University Scheme, after passing SSLC and HSCt (+2) in regular scheme, alone will be recognized for the purpose of employment or promotion in Public Service.

(d) As per Government Letter No.33448/M/2010-4, dated 03.12.2010, it is clarified that a degree awarded by the Open Universities after passing Pre-Foundation Course and Two Years Foundation Course through Open University cannot be recognised as a degree as per the norms of the UGC. Further, as per G.O.(Ms.) No.144, dated 20.11.2017, the Pre- Foundation Cou