O R DER

With a qualification in B.Sc (Science) in three major subjects of Maths, Physics and Computer Science, the petitioner was selected by Teachers Recruitment Board for the post of Secondary Grade Teacher on 16.07.2009. On 17.11.2014 the B.Sc degree awarded by Sri Venkateswara University, Tiruppati, Andhra Pradesh was equated to the B.Sc degree obtained from the Universites in Tamil Nadu. Originally, the petitioner's candidature was included in the promotion panel on 01.01.2015 and 01.01.2016. The panel was not acted upon for want of vacancy. On the representation of the fifth respondent herein, who is a junior to the petitioner, that the qualification obtained by the petitioner in B,Sc degree with triple major subjects is not a valid qualification, the fifth respondent came to be promoted to the post of B.T.Assistant (Science) on 06.08.2016. 2. In an appeal made to the second respondent herein, it was stated that though the University of Madras in the letter dated 29.07.2016 has held that the B.Sc degree obtained by the petitioner with triple major subjects from Sri Venkateshwara University is equivalent, there is no Government Order for promoting a Secondary Grade Teacher with triple major subjects. The petitioner has now challenges the promotion of the fifth respondent herein as B.T.Assistant (Science).

3. Learned counsel for the petitioner had placed reliance on the proceedings of the second respondent dated 05.08.016 and submitted that though the second respondent had held that the petitioner's degree is valid in view of equivalence letter given by the University of Madras, the rejection on the ground that there is no government order for promoting the Secondary Grade Teacher with triple major subjects in B.Sc degree is baseless. Learned counsel further relied upon the earlier order passed by this Court in WP No.11691 of 2017 dated 19.05.2017, in which it was observed that there is no prohibition in the rules to deny promotion to a Secondary Grade Teacher who possess three major subjects in the degree. This apart, learned counsel also placed reliance on the promotion granted to another Secondary Grade Teacher in the case of G.C.Geetha who also possessed a decree certificate with three major subjects and accordingly, submitted that denial of promotion to the petitioner's case would amount to discrimination.

4. Further, the learned counsel for the petitioner placed reliance on the proceedings of the first respondent in Na.Ka.No.36679/D3/2008 dated 18.11.2008, which refers to the guidelines for seniority in the promotion panel, in which, it is stated that the teachers, who have obtained a degree with double major or triple major with B.Ed degree are eligible for inclusion of their names in the promotion panel.

5. Per contra, learned Government Advocate submits that the equivalence certificate issued by the University of madras is not a valid one and the same requires to be done only by the Equivalence Committee to be constituted by the Government. The same submission was also adopted by the learned counsel for the fifth respondent.

6. As rightly pointed out by the learned counsel for the petitioner, the first respondent in his guidelines in Na.Ka.No.36679/D3/2008 dated 18.11.2008 has clearly stated that the teachers possessing a degree with double major or triple major, together with B.Ed, would be eligible for inclusion of their names in the promotion panel for the post of B.T.Assistant. Likewise, when the petitioner herein had earlier approached this Court, seeking for inclusion of her name in the earlier panel in the year 2017 for the post of B.T.Assistant (Science), this Court by order dated 19.05.2017 in WP No.11691 of 2017 has held as follows:-

“ 3. The petitioner is a triple major degree holder. According to the petitioner, the 3rd respondent has not considered her name for promotion, on the statement that there is no rule to promote those who have passed triple major degree. On the other hand, there is no prohibition