Pre-appointment training for qualification does not count as service time for seniority; probation completion required for promotion eligibility.

ORDER :

G.Jayachandran J.

The petitioner has filed the present Writ Petition, praying to call for the records of the 1st respondent in Letter in No.(1D) No.367/A1/2012-4, dated 12.10.2012, quash the same and consequently direct the respondents 1 to 3 herein to take the rank assigned by the Tamil Nadu Public Service Commission, vide the Bulletin dated 16.01.2002 for the purposes of fixation of seniority and consequently promote the petitioner to the post of Chief Educational officer and Joint Director on the date on which the immediate junior was promoted with all consequential monetary benefits.

2.The writ petitioner states that pursuant to the Notification issued by the TNPSC on 18.08.1998, calling for applications from eligible candidates to fill up 22 vacancies in the post of District Educational Officer, she participated and was successful. However, since she did not possess BT/B.Ed. Degree at the time of applying for the post in terms of the Notification, she underwent Teacher Training Course before getting appointment and on acquiring the Teacher Training Certificate, she was given appointment on 30.10.2002. Later, after declaration of probation, when the provisional list for promotion to the post of Chief Educational Officer was prepared, she had been placed behind others like the fifth and sixth respondents, who joined service on 13.09.2001 immediately after selection, since they possessed B.Ed./B.T degree even before applying for the post as per Clause 4 of the Notification issued by the Tamil Nadu Public Service Commission Bulletin, dated 01.11.1998, whereby the qualification and experience, are prescribed, and the said Clause 4 reads as follows:

“4. Qualification:-- Candidates should possess the following or equivalent qualification on the date of this notification: 

18-08-1998:

For both Open Market and teacher candidates. (i.e. teachers employed in recognised aided secondary Schools:--

(i)Masters Degree of any University in the State of Tamil Nadu or a Degree of equivalent standard with not less than 50 percent of marks in the Master’s Degree Examination in any one of the following subjects.--

English, Tamil, Zoology, Botany, Economics Geography Public Administration and History

Provided that a candidate possessing a degree of M.A. or M.Sc. or an equivalent Degree awarded under the grading system shall not be considered eligible for appointment unless he has obtained the said degree with ‘C’ or ‘A’ or ‘B’ grade.

(ii) B.T. or B.Ed., Degree of any University in the State of Tamil Nadu or a Degree of equivalent standard.

Note: Candidates who do not possess B.T. or B.Ed. Degree may also apply for vacancies to be filled from Open Market. But such candidates if selected should acquire the said qualification before appointment.

(iii)Must have studied Tamil under Part I or Part II of the Intermediate or Pre-University or Higher Secondary Course.

(Note. Under Paragraph 7 of the Commission’s Instructions etc. to candidates will not apply to this recruitment).

Experience:-- Only for recruitment to the vacancy to be filled among from the teachers employed in recognised aided Secondary Schools:-

Teaching experience in a recognised school for a total period of not less than twelve years after acquiring the qualifications specified in item(ii) above.

.. … …..”

3.The main contention of the learned counsel for the petitioner is that when similarly placed two other persons, approached this Court seeking parity, the same was allowed by this Court