C. DHARUMAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners passed S.S.L.C and also obtained T.T.C. Certificate. Based on the said qualification, they were appointed as Drawing Masters in High Schools between 1985 and 1987. The post of Drawing Master comes under Class 5 of the Tamil Nadu Educational Subordinate Service. The petitioners acquired B.Lit., (Tamil) between 1987 and 2006 from Madras University / Annamalai University respectively through distance education system. They were admitted to B.Lit., course after they passed the entrance examination conducted by the Madras University / Annamalai University, since they did not possess +2 qualification for admission to the degree course. Thereafter, the petitioners obtained either Tamil Pandit training or B.Ed., between 2008 and 2011. According to them, they possessed the required qualification prescribed under the Special Rules that are framed under Article 309 of the Constitution of India for the post of Tamil Pandit, which is also known as Graduate Assistant (Tamil).

(2.) WHILE so, the third respondent issued the impugned list of ineligible candidates for promotion to the post of Tamil Pandit (Graduate Assistant in Tamil) as on 01.01.2013. The list has contained 131 candidates and the names of the petitioners herein except the fifth petitioner are also included in the aforesaid list. The reason stated in the impugned list for declaring them ineligible for promotion to the post of Tamil Pandit (Graduate Assistant in Tamil) is that the petitioners did not pass Higher Secondary Course before joining the degree course. As far as the fifth petitioner is concerned, he is neither included in the ineligible list nor in the eligible list.

(3.) IT is the specific case of the petitioners that Clause 2 of University Grants Commission (the Minimum Standards of Instruction for the Grant of the First Degree Through Non -Formal/Distance Education in the Faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 (for short UGC Regulations, 1985) provides for admission to any degree course through non -formal/distance education, even if a person does not pass 12 years schooling. But he should pass the entrance test conducted by the University concerned, for admission to the degree course.