LAWS(MAD)-2023-2-204

DIRECTOR OF SCHOOL EDUCATION Vs. S.BHASKAR

Decided On February 01, 2023
DIRECTOR OF SCHOOL EDUCATION Appellant
V/S
S.BHASKAR Respondents

JUDGEMENT

(1.) The Director of School Education is on appeal aggrieved by the order of the writ Court setting aside the proceedings dtd. 12/4/2012, in and by which, the promotion granted to the respondent as Tamil Pandit on 12/3/2012 was withdrawn on the ground that the petitioner was not qualified.

(2.) The respondent who was working as a Junior Assistant in the Census Department, on retrenchment, was appointed as Junior Assistant in the education departmenton 1/3/2004 and his services were regularized on 10/11/2009. The respondent has passed his SSLC (X Standard) in 1980 and thereafter appeared for his Higher Secondary (XII Standard) Examination conducted in April 1982. He was not successful, having failed in Mathematics. However, the respondent completed B.Lit., from Alagappa University in 2007 and also completed M.A. Tamil in 2011. Thereafter, he appeared again in the Supplementary Examination conducted in September 2010 and cleared the Mathematics paper also.

(3.) The Department offered for promotion of clerical staff as teachers provided they had the prescribed qualification and 2% reservation was made for such promotions. The respondent applied for such promotion and he was promoted on 12/3/2012. Subsequently, the Department realized that the promotion of the respondent was not in consonance with the relevant Rules, since G.O.No.107 dtd. 18/8/2009 which governs the issue specifically provides that only persons who had obtained degrees in Open University system after having passed in the Higher Secondary Examination would be considered to be holding a valid graduation degree to enable them to seek employment in the State's services. The said Government Order reads as follows:-