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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
V.Kirubanandam – Appellant
Versus
Director, Elementary Education Department – Respondent
| Table of Content |
|---|
| 1. appointment proposal rejected due to surplus teachers, dual degrees, tet. (Para 1 , 2 , 3) |
| 2. ugc policy permits non-simultaneous dual programs via distance education. (Para 4 , 5 , 9) |
| 3. rejection grounds: simultaneous degrees, tet; countered by timeline differences. (Para 6 , 7) |
| 4. degrees not simultaneous: academic vs calendar year timelines. (Para 11 , 12 , 13 , 14) |
| 5. distinguishes prior rulings; allows appointment absent same-year simultaneity. (Para 15 , 16 , 17) |
ORDER :
P.T. ASHA, J.
The above writ petition has been filed seeking to quash the proceedings of the 4th respondent in Na.Ka.No.2203/A6/2024 dated 15.10.2024 and consequently to direct the respondents 4 and 5 to approve the appointment of the petitioner as B.T Assistant in the 6th respondent-School and to disburse all attendant benefits.
2. The brief facts which have given rise to the above writ petition are as follows:
(i) On 01.02.2024, the petitioner was appointed as B.T Assistant (History) in the 6th respondent School and he had joined the services of the School on the very same day. On 01.02.2024, a proposal for the approval of his appointment was forwarded by the 6th respondent to the 5th respondent
Dual degrees via distance education in different timelines (academic/calendar years) without simultaneity qualify for teacher appointment.
The main legal point established in the judgment is that the degrees obtained by the petitioner during the same academic year were in violation of UGC Regulations and could not be considered as valid....
The tribunal ruled that applying UGC guidelines retrospectively to reject applications due to dual degrees is arbitrary and violates principles of fair recruitment.
A candidate's employment cannot be terminated based on allegations of overlapping degrees unless those degrees are declared null and void by the competent educational authority.
Promotion – Degree of M.A. (Tamil) cannot be equated with B.A./B.Sc./B.Ed.
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