(1.) These Writs of Mandamus have been filed to forbear the respondents from de-promoting the petitioners from the post of Road Inspector Grade-II (Skilled Assistant Grade-II) to the post of Gang Mazdoor on the ground that the pre-foundation course is not equivalent to SSLC.
(2.) The petitioners are presently working as Road Inspectors Grade II (Skilled Assistants Grade-II) in the Highways Department. All the petitioners were initially appointed as Gang Mazdoors.
(3.) The learned counsels for the petitioners made a submission that the educational qualification fixed for appointment to the post of Gang Mazdoor was V-Standard pass. However, all the petitioners possess the requisite qualification for the post of Gang Mazdoor, but not passed SSLC (X-Standard). The Service Rules for promotion to the post of Road Inspector Grade-II (presently known as Skilled Assistant Grade-II) prescribes the requisite educational qualification as SSLC. Besides the qualification, one must possess the experience as Gang Mazdoor for a period of five years. 25% of the post of Skilled Assistant Grade-II would be filled by way of promotion from the category of Gang Mazdoor and the remaining 75% will be filled up by direct recruitment. Admittedly, all the petitioners are not possessing the requisite educational qualification of SSLC. However, it is contended that the petitioners have passed the pre-foundation course conducted by the Madurai Kamaraj University, which is an equivalent qualification to SSLC. As per the University Rules, candidates, who have not completed VIII-Standard were permitted to study pre-foundation course, which is an introductory course for a period of one year. The Government vide G.O.Ms.No.528, Personnel and Administrative Reforms Department, dtd. 18/5/1985 made clear that the pre-foundation course of Madurai Kamaraj University is to be recognised as equivalent to SSLC qualification for entering into public services in the State. Based on the above Government Order, the petitioners have joined the pre-foundation course and completed the same and thereafter, promoted to the post of Skilled Assistant Grade-II.