Dual degrees via distance education in different timelines (academic/calendar years) without simultaneity qualify for teacher appointment.

ORDER :

P.T. ASHA, J.

The above writ petition has been filed seeking to quash the proceedings of the 4^th 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 6^th 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 6^th 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 6^th respondent to the 5^th respondent along with a covering letter. A copy of the same was also marked to the 4^th respondent. By proceedings dated 03.04.2024, the 5^th respondent had called for the following clarifications:

(a) As per the approved workload, 9 posts of secondary grade teachers had been sanctioned and as per the student strength, 5 teachers could be appointed directly, while 3 of them are surplus.

(b)The surplus teachers were to be promoted and there could be no direct appointment in view of G.O.Ms.No.165 dated 17.09.2019 .

(c) Since the school is under the control of IELC, which has other institutions under its umbrella, a certificate should be obtained that there was no surplus history B.T. Assistants in other institutions under the control of IELC.

(d) The petitioner had completed B.A(History) during the academic period July 2019-May 2022 and B.Ed Diploma during the period January 2020 – July 2022. Therefore since he had completed B.A (History) and B.Ed in the same year, he is not eligible.

(e) As per G.O.Ms.243 , B.T Assistant post should be filled up only from Secondary Grade Teachers and in the absence of the qualified teachers, the appointment has to be made through the Teachers Recruitment Board.

3. The petitioner had submitted a detailed explanation to each of the queries raised by the 5^th respondent. In the explanation dated 12.04.2024, the petitioner had stated as follows:

a) The three surplus Senior Grade Teachers were not eligible for promotion as they are graduates in Tamil (B.A Tamil).

(b) There is no surplus B.T Assistant Teacher(History) in any of the Schools under the control of IELC.

(c) Passing of TET is not mandatory for minority institution, as per the order passed in W.A.No.313 of 2002.

(d) The petitioner had completed B.A(History) and M.A (English) and thereafter he had completed B.A History and B.Ed., from different universities during different period of time.

(e) If a candidate undergoes the distance education course at different timings but during the same academic year, he or she would be eligible for promotion.

(f) The Secondary Grade Teachers do not qualify for promotion.

(g) Recruitment through the Teacher Recruitment Board is not applicable to minority institutions.

Therefore, in the light of the above explanation the 6^th respondent had requested the 1^st respondent to approve and release the salary.

4. The University Grants Commission had come forward with the National Education Policy, 2020 in April 2022, wherein certain guidelines were issued under the said Policy.

a) A student can undergo two full time academic programme in physical mode provided that the class timings do not overlap.

b) A student can simultaneously pursue full time academic programme in physical mode and another through distance education.

c) A Degree / Diploma Programme can be pursued on