J U D G M E N T

T.S.SIVAGNANAM, J.

This writ appeal by the writ petitioner is directed against the order dated 29.08.2019 passed in W.P.(MD) No.22591 of 2018.

2. The appellant filed the writ petition praying for a direction upon the second respondent to include his name in the panel of Inspector of Police fit for appointment by recruitment by transfer as Deputy Superintendent of Police (Category-II) for the year 2017 – 2018.

3. The facts as noted by the learned Writ Court are as hereunder:

3.1. The appellant completed his 10th standard during

1982 under the new education system. Thereafter, he joined as Grade II Police Constable at Armed Reserve in the year 1986. He was promoted as Inspector of Police in the year 2009 and the next avenue of promotion is to the post of Deputy Superintendent of Police. The appellant, after completion of 10th standard, had undergone two years foundation course through Madurai Kamaraj University and thereafter, completed B.A.Degree under distance education mode from the very same University. The appellant placed reliance on G.O.Ms.No.528, Personnel and Administrative Reforms Department, dated 18.05.1985, to support his contentention that the foundation course undergone by him is equivalent to +2 and that as per the then existing Tamil Nadu Police Service Manual, he is entitled for promotion. Since the appellant's name was not included in the list of candidates fit for appointment by recruitment by transfer as Deputy Superintendent of Police (Category-II) for the year 2017 – 2018, he had filed the writ petition.

3.2. The respondent Department, in their counter affidavit, contended that the post of Deputy Superintendent of Police (Category-II) is governed by the Special Rules for the Tamil Nadu Police Service and the method of appointment for the said post is by recruitment by transfer from the post of Inspector of Police (Armed Reserve) of the Tamil Nadu Police Subordinate Service. The respondents referred Rule 4(D) of the Special Rules, which stipulates the qualification for recruitment by transfer to the post of Deputy Superintendent of Police (Category-II). It is submitted that in terms of the said Rule, the Inspectors of Police (Armed Reserve), to be eligible for being considered for recruitment by transfer, should possess a pass in Secondary School Leaving Certificate (old pattern) i.e., 11 years of schooling or pass in Higher Secondary Course (new pattern) i.e., 10 + 2 years of schooling, which are eligible for college course of study. The appellant does not possess such qualification as prescribed under Rule 4(D) of the said Special Rules and therefore, his name was not included in the list of candidates fit for being considered for appointment by recruitment by transfer.

3.3. The appellant sought to get over the effect of G.O.Ms.No.144, Personnel and Administrative Reforms (M) Department, dated 20.11.2017, by which, the Government ordered that the pre-foundation course and the foundation course offered by various Universities in the State are not equivalent to 10th standard and +2 respectively by contending that the appellant became eligible to be included in the list of approved candidates in the year 2014 itself, however, G.O.Ms.No.144 was passed only on 20.11.2017 and therefore, the said Government Order cannot be made applicable to the appellant.

3.4. In reply, the respondent Department contended that though the appellant completed five years of service as Inspector of Police (Armed Reserve) during the year 2014, as per the availability of vacancy in the post of Deputy Superintendent of Police (Category-II), his name fell within the zone of consideration for the first time only when the panel for the year 2017 – 2018 was drawn, for which the crucial date is 01.06.2017.

3.5. The appellant would contend that even going by the said date, namely, 01.06.2017 as the crucial date, as on the said date the foundation course undergone by the appellant was considered as equivalent to +2 and the Government