K. SHANMUGASUNDARAM Vs. K. DHANASEKARAN, HEADMASTER, VILLIVAKKAM PANCHAYAT UNION ELEMENTARY SCHOOL, POOTHABADU NANDAMBAKKAM, CHENNAI,

JUDGEMENT

(1.) PETITIONERS , one in number in W.P. No.1256 of 1999 and 18 in number in W.P. No.5657 of 1999, have filed the above writ petitions with a leave to challenge the common order of the Tamil Nadu Administrative Tribunal, allowing about 60 applications and quashing the Government Order in G.O. Ms. No.476 dated 19.11.1997.

(2.) PETITIONERS are working either as Secondary Grade Assistants or B.T. Assistants in various panchayat union elementary or middle schools. All the petitioners hold Bachelor's Degree in various subjects, besides having B.T. or B.Ed. Degree done either through regular course of study or through correspondence course. They are all eligible to be considered for promotion to the post of Headmaster, Middle School, B.Ed. Grade by virtue of their service and qualification. While so, the contesting respondents, who are Secondary Grade Teachers/Headmasters of elementary schools and who have acquired M.A. Degree directly from the open university, claim to be included in the panel for promotion to the post of Headmaster, Middle Schools. The Government, after considering the matter, by G.O. Ms. No.476, Education Department dated 19.11.1997, has decided that the M.A. Degree obtained under the Open University System directly cannot be treated as equivalent to a degree for consideration as qualification for promotion to the category of Headmasters. The said Government Order was assailed successfully before the Tribunal. The Tribunal had taken the view that the Special Rules for the Tamil Nadu Elementary Education and Subordinate Service did not say that the degree must be acquired only after undergoing a regular college course and that they have not excluded the degrees obtained from any open university. It was further pointed out that the Government themselves have recognised the said qualification as sufficient for appointment in other departments. It was also pointed out that while Tamil Pandits are eligible for promotion as Middle School Headmasters without the minimum educational qualifications to teach English and in the absence of qualification in English language, on the same ratio, the degree holders from open university should also be considered as being eligible for promotion. The writ petitions are against this order of the Tribunal.

(3.) WE have heard the counsel for the petitioners and the counsel for the contesting respondents as well as the Additional Government Pleader for Education. The learned Additional Government Pleader pointed out that they have also filed a separate writ petition challenging the order of the Tribunal, but the same was dismissed for default and that they are taking steps to restore the same. However, as a party to these writ petitions, he wants to support the case of the petitioners and submitted his arguments accordingly.