N. USHA Vs. DIRECTOR OF EDUCATION AND ORS.

JUDGEMENT

(1.) THE Petitioner is assailing an order passed by Respondent No. 2 directing Respondent No. 3 to revert the Petitioner back to the post of TGT (Tamil) from the post of PGT (Tamil) and to promote Respondent No. 4 to the post of PGT (Tamil) instead of the Petitioner from the date of the concerned DPC whereby the Petitioner was initially appointed to that post.

(2.) THE DPC, which was held on 28.03.2009, ignored the candidature of Respondent No. 4, Lalitha Srinivasan, on the ground that she did not possess the requisite qualification for promotion to the post of PGT (Tamil). It was in these circumstances that the Petitioner, who is junior to Smt. Lalitha Srinivasan, was selected for the post of PGT (Tamil). The relevant recruitment rules dated 4.11.1999 for the post of Post Graduate Teacher/Lecturer state, inter alia, that the post is a selection post and, in terms of paragraph 7 thereof, the essential qualifications are stated to be a Masters Degree as well as a Degree/Diploma in Training/Education. The stand of Respondent No. 4 is that her candidature was wrongly ignored and that, in fact, she did have the requisite qualification when the DPC was held. It was on her representation that the impugned order was issued by Respondent No. 2 on 5.11.2009, directing the reversion of the Petitioner and the appointment of Respondent No. 4 to the post of PGT (Tamil) instead.

(3.) IT is not as if the Petitioner was selected after a comparative evaluation. In fact, Respondent No. 4 was dropped from the process altogether, on the basis of this preliminary finding by the DPC.