Promotion eligibility requires strict adherence to qualifications as per regulations; subsequent qualifications do not retroactively affect eligibility.

ORDER :

C.SARAVANAN, J.

This is the 2^nd round of litigation before this Court. In this Writ Petition, the petitioner has prayed for quashing entire records in the Order in Memo No.CMWSSB/P&A/RA2/36672/2013 dated 12.05.2014 on the file of the 2^nd respondent and for a consequential direction to include the name of the petitioner in the panel for promotion to the post of Assistant for the year 2012- 2013.

2. Earlier, the petitioner had approached this Court in W.P.No.25292 of 2013.

3. The petitioner had given a representation dated 08.07.2013 to the 2^nd respondent to include his name for promotion.

4. The said Writ Petition was disposed by this Court on 06.01.2014 with the following directions:-

“5. Considering the facts and circumstances and after hearing the submissions of both sides and pursuing the material papers, I am of the opinion that this Court cannot give a positive direction to include the name of the petitioner in the panel for the promotion to the post of Assistant for the year 2012-2013. However, in the accompanying affidavit it has been stated that the petitioner has given a representation to the second respondent on 08.07.2013. Therefore, I am of the opinion it would be appropriate to direct the respondents to consider the said representation and pass appropriate orders. Accordingly, without going into the merits of the averments made in the affidavit and the representation, this Court directs the second respondent to consider the representation of the petitioner, dated 08.07.2013 and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above observations, this writ petition is disposed of. No costs.”

5. The said Writ Petition was filed for a Mandamus, to direct the respondents to include the name of the petitioner in the panel for promotion to the post of Assistant for the year 2012-2013 and to further direct the respondents to promote the petitioner on the basis of the Regulation of the Board, in the light of the representation, dated 08.07.2013 of the petitioner.

6. It is in this background, the 2^nd respondent has passed the Impugned Order dated 12.05.2014 whereby the request of the petitioner for considering his name for promotion to the post of Assistant for the panel year 2012-2013 has been rejected.

7. The reasons forthcoming in the Impugned Order dated 12.05.2014 are as under:-

“10. Thiru K.Panneerselvam had been initially appointed as Junior Assistant by transfer from the post of Office Assistant. For appointment as Junior Assistant by transfer from the post of Office Assistant the qualification required is a Degree from a University. It is not stated as Degree / Post Graduate Degree. Evidently Thiru K.Panneerselvam had no required educational qualification of Degree from recognized University as per the Regulation-IV (14) of the Special Regulation of the Board.

11. The details of qualification acquired by Thiru K.Panneerselvam, Junior Assistant is hereunder:

It has been found that Thiru K.Panneerselvam has not acquired any UG Degree recognized by the UGC, but straight away passed PG Degree in M.A. (History) from Open University.

12. The G.O.Ms.No.107, P&AR (M) Dept., dated 18.08.2009, the Govt. have specifically ordered that for the purpose of Appointment / Promotion in public service, the incumbent should have passed Plus 2 examination, as a prerequisite if the Degree / PG Degree from the Open University has to be considered as an eligible qualification. In this case Thiru K.Panneerselvam has not passed Plus 2 and hence his P.G. Degree acquired through Open University System cannot be recognized for the purpose of his appointment. This renders his appointment as Junior Assistant questionable.

13. In view of the orders issued by the Government in respect of qualifications acquired through Open University S