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2025 Supreme(Online)(Mad) 8047

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
A.LOURTHUSAMY – Appellant
Versus
THE DIRECTOR OF SCHOOL EDUCATION – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

And

W.M.P.Nos.524 and 10165 of 2024

A.Lourthusamy ... Petitioner

Vs.

1 THE DIRECTOR OF SCHOOL EDUCATION,

COLLEGE ROAD,

CHENNAI 600 006.

2 THE JOINT DIRECTOR OF SCHOOL EDUCATION (PERSONNEL),

COLLEGE ROAD,

CHENNAI 600 006.

3 THE CHIEF EDUCATIONAL OFFICER,

KALLAKURICHI DISTRICT,

KALLAKURICHI.

4 THE DISTRICT EDUCATIONAL OFFICER

(SECONDARY EDUCATION )

KALLAKURICHI DISTRICT,

KALLAKURICHI. ... Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to

issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in relation to the impugned proceedings bearing ATM

No.0892/A1/2023 05.04.2023 and 12.10.2023 and quash the same

and consequently issue a direction to the respondents to declare the period of probation of the petitioner as completed with effect from 16.12.2014 and grant Selection grade scale of pay in the post of B.T. Assistant on completion of 10 years from 16.12.2022 and to grant all other benefits consequently without effecting any recovery of payments already made.

For Petitioner : Mr.R.Saseetharan For Respondents : Mrs.Mythreye Chandru Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent in relation to the proceedings bearing ATM No.0892/A1/2023 05.04.2023 and 12.10.2023 and quash the same and consequently issue a direction to the respondents to declare the period of probation of the petitioner as completed with effect from 16.12.2014 and grant selection grade scale of pay in the post of B.T. Assistant on completion of 10 years from 16.12.2022 and to grant all other benefits consequently without effecting any recovery of payments already made.

2.The learned counsel appearing for the petitioner submitted that the petitioner obtained B.A.(English) Degree through the University of North Bengal during May, 2005 and thereafter obtained B.Ed. through the Nagaland University and passed the Teachers’ Eligibility Test conducted by the Teachers’ Recruitment Board during October, 2012. The petitioner participated in the selection process conducted by the Teachers’ Recruitment Board during the year 2010 – 2011 and was appointed as B.T.Assistant in English at Government High School, Irundai, the then Villupuram District vide proceedings dated 09.12.2012 and the petitioner joined the said post on 17.12.2012 and completed ten years of service on 16.12.2022, however, the petitioner was not granted selection grade scale of pay in the post of B.T.Assistant.

3.The learned counsel appearing for the petitioner further submitted that as per Clause 10 of the appointment order, the petitioner has to declare that the Certificate obtained by the petitioner is genuine and in the future if it is found to be bogus or not obtained through recognized University, the appointment will be cancelled and further submitted that on that basis impugned order was passed directing the petitioner to obtain Equivalence Certificate from the University of Madras. The learned counsel further submitted that already the petitioner’s certificate was evaluated by the third respondent again directing the petitioner to obtain Equivalence Certificate from the University of Madras is not sustainable one.

4.The learned Special Government Pleader appearing for the respondents submitted that the petitioner obtained B.A.(English) Degree through the University of North Bengal which is not a recognized University and B.Ed. through the Nagaland University and the said University was approved only in the year 2014.

5.Heard the arguments advanced on either side and perused the materials available on record.

6.The petitioner obtained B.A.(English) Degree through the University of North Bengal during May, 2005 and thereafter obtained B.Ed. through the Nagaland University and passed the Teachers’ Eligibility Test conducted by the Teachers’ Recrui

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