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2013 DIGILAW 1708 (MAD)

R. Ravi v. Government of Tamil Nadu, Rep. by Secretary to Government School Education Department, Chennai

2013-04-18

V.RAMASUBRAMANIAN

body2013
JUDGMENT 1. The petitioners in all these writ petitions are working either as secondary Grade Teachers or as Secondary Grade Head Masers or as Primary School Head Masters or as Drawing Teachers. Their claim for promotion to the post of Tamil Pandit or Middle School Head Master, was rejected by the respondents, on the short ground that they had not completed ten years of schooling, followed by two years of Higher Secondary Course and three years of Degree Course. This objection was on the basis of G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.8.2009. Therefore, the petitioners have come up with the above writ petitions. 2. Heard Mr. A.R. Suresh, Mr. S.N. Ravichandran, Mr. K.H. Ravikumar learned counsel for the petitioners and Mr. P.S. Sivashanmugasundaram, learned Additional Government Pleader for the respondents. 3. The qualifications obtained by the petitioners in these writ petitions, the posts in which they were recruited earlier, etc. can be presented in the form of a tabulation statement as follows: S. W.P. Name and Qualification Date of No. No. Designation appointment & Post 1. 28863/12 R. Ravi March 1982 – 22.3.1986 Secondary SSLC July 1985 – Grade Diploma in Secondary Teacher Teacher Education Grade (2 yrs) Oct. 1998 – Teacher B.A. Tamil 2. 28864/12 R.Gopinathan March 1982 – 16.10.1996 Secondary SSLC Secondary grade April 1988 – Grade Teacher Diploma in Teacher Teacher Education (2 yrs) May 2009 – B. Litt. 3. 28865/12 C. Oct. 1982 – SSLC 04.10.1996 Padmavathi April 1987 – Secondary Secondary Diploma in Grade Grade Teacher Education Teacher Teacher (12 yrs) June 2009 – B. Litt. 4. 28866/12 J. Selvamani March 1985 – 22.10.1997 Drawing SSLC Drawing Teacher March 1988 – Teacher Teacher Certificate Course (Drawing) Oct. 2004 – B. Litt. May 2008 – Tamil Pandit Training 5. 28867/12 J. Leema March 1986 – 25.9.1996 Jackulin SSLC Secondary Secondary April 1988 – Grade Grade Diploma in Teacher Teacher Teacher Education (2 yrs) May 2005 – B.S.C. Dec. 2009 – B.Ed. 6. 28868/12 R. Malarvili Oct. 1986 – SSLC 21.12.1993 Drawing March 1990 – Drawing Teacher Teacher Certificate Teacher Course (Drawing) May 2006 – B. Litt. May 2008 – Tamil Pandit 7. 28869/12 B. Bhavani March 1985 – 07.10.1996 Secondary SSLC Secondary Grade April 1988 – Grade Teacher Diploma in Teacher Teacher Education (2 yrs) May 1998 0 B. Litt. Dec. 2010 – B.Ed. 8. 1986 – SSLC 21.12.1993 Drawing March 1990 – Drawing Teacher Teacher Certificate Teacher Course (Drawing) May 2006 – B. Litt. May 2008 – Tamil Pandit 7. 28869/12 B. Bhavani March 1985 – 07.10.1996 Secondary SSLC Secondary Grade April 1988 – Grade Teacher Diploma in Teacher Teacher Education (2 yrs) May 1998 0 B. Litt. Dec. 2010 – B.Ed. 8. 28870/12 A. Baskaran March 1986 – 04.10.1996 Secondary SSLC Secondary Grade April 1988 – Grade Teacher Diploma in Teacher Teacher Education (2 yrs) Oct. 2007 – B. Litt. 9. 28871/12 A. Indira March, 1980 – 07.10.1986 Secondary SSLC Secondary Grade April 1988 – Grade Teacher Diploma in Teacher Teacher Education (2 yrs.) Dec. 2010 – B. Litt. 10. 28872/12 G. March 1985 – 14.10.1996 Selvakumari SSLC Secondary Secondary April 1988 – Grade Grade Diploma in Teacher Teacher Teacher Education (2 yrs) Dec. 2000 – B. Litt. 11. 28873/12 B. Gurusamy Nov. 1978 – SSLC 01.10.1986 B.T. April 1983 – Secondary Assistant Teacher Certificate Grade Higher Course Teacher (Karnataka Sec. Edu. Examination Board, Bangalore – 2 yrs) Certificate Evaluation May 1996 – B.A. Oct. 1999 – B.Ed. 12. 28874/12 K. Sundara- March 1984 – 20.12.2000 moorthy SSLC Secondary Secondary April 1991 – Grade Grade Diploma in Teacher Teacher Teacher Education (2 yrs) May 2002 – B.A. Dec. 2009 – B.Ed. 13. 28875/12 J. March 1986 – 01.10.1996 Muralidharan SSLC Secondary Secondary April 1988- Grade Grade Diploma in Teacher Teacher Teacher Education (2 yrs) May 2007 – B. Litt. 14. 28876/12 M. Premalath March 1984 – 05.3.1990 Elementary SSLC Secondary School Head Dec. 1986 – Grade Master Diploma in Teacher Teacher Education (2 yrs) Dec. 2006 – B. Litt. 15. 28877/12 B. March 1984 – 30.01.1991 Kennadivanan SSLC Dec. 1986 – Secondary Elementary Diploma in Grade School Teacher Education Teacher Head Master (2 yrs) June 1991 – B.A. Eng.Aug. 1993 – B.Ed. 16. 28878/12 R. Raghu March 1985 – 12.9.1988 Elementary SSLC Secondary School Head April 1987 – Grade Master Diploma in Teacher Teacher Education (2 yrs) May 1997 – B.A. Oct. 1999 – B.Ed. 17. 28879/12 S. Julia March 1975 – 22.02.1982 Elementary SSLC Secondary School May 1978 – Grade Head Master Diploma in Teacher Teacher Education (2 yrs) April 2009 – B.Ed. May 2010 – B. Litt. 18. 29629/12 M. March 1984 – 15.9.1987 Duraiarasan SSLC Secondary Elementary Aug. 1999 – B.Ed. 17. 28879/12 S. Julia March 1975 – 22.02.1982 Elementary SSLC Secondary School May 1978 – Grade Head Master Diploma in Teacher Teacher Education (2 yrs) April 2009 – B.Ed. May 2010 – B. Litt. 18. 29629/12 M. March 1984 – 15.9.1987 Duraiarasan SSLC Secondary Elementary Aug. 1986 – Grade School Diploma in Teacher Head Master Teacher Education (2 yrs) May 2003 – B. Litt. Dec. 2008 – B.Ed. 19. 29435/12 J. April 1979 – SSLC 06.10.1986 Vasanthirubi April 1984 – Secondary Primary Diploma in Grade School Teacher Training Teacher Head Master (2 yrs) Oct. 1995 – B. Litt. Tamil Oct. 1998 – B.Ed. Dec. 1999 – M.A. Tamil March 2011 – HSC 20. 30694/12 M. Alexander March 1985 – 26.12.1989 Secondary SSLC Secondary Grade April 1987 – Grade Head Master Diploma in Teacher Teacher Education (2 yrs) May 2010 – B. Litt. Tamil Dec. 2010 – Foundation Course 21. 8213/13 V. March 1984 – 04.10.1996 Loganathan SSLC Secondary Secondary April 1988 – Grade Grade Diploma in Teacher Teacher Teacher Education (2 yrs) May 2011 – B. Litt. 22. 8335/13 N. Palani March 1976 – 17.11.1986 Elementary SSLC Secondary School April 1984 – Grade Head Master Teacher Certificate Teacher Higher Course (Karnataka Sec. Edu. Examination Board, Bangalore – 2 yrs) Certificate Evaluation on 01.8.1986 April 1993 – B.A. Dec. 2009 – B. Litt. 4. The particulars found in the above tabular statement would show that there is no dispute about the qualifications possessed by the petitioners for continuing in the post of Secondary Grade Teachers or Primary School Head Masters or Drawing Masters of Secondary Grade Head Masters. The only ground on which their claim for promotion to the next higher post is denied is that they did not undergo a Higher Secondary Course. As a matter of fact, some of these writ petitioners have undergone a Higher Secondary Course or a Foundation Course, after completing their Degrees or Post Graduate Degrees. But, de hors those courses undergone by them, they had also undergone a Diploma Course in Teacher Education of a duration of two years, before acquiring their Degrees. The question as to whether this two year Diploma in Teacher Education can be considered as a valid substitute for a pass in the Higher Secondary Course, was considered by at least three learned Judges of this Court. The question as to whether this two year Diploma in Teacher Education can be considered as a valid substitute for a pass in the Higher Secondary Course, was considered by at least three learned Judges of this Court. The first such consideration was by K. Suguna, J. in W.P.Nos. 25432 of 2011 etc. batch of cases, decided on 02.07.2012 in M. Valarmathi v. Government of Tamil Nadu. The second batch of cases was decided by S. Nagamuthu, J. in W.P.Nos. 23382 of 2012 etc. batch on 10.9.2012. The third batch was decided by K. Chandru, J., by his order dated 27.11.2012 in W.P.Nos. 22484 of 2012 etc. batch. 5. In addition to the above, the Government had also come up with an order in G.O.Ms.No.242, Higher Education Department dated 18.12.2012, i.e., after the pronouncement of the orders of the three learned Judges, holding that a regular Diploma of a duration of three years obtained even in unrelated subjects could be considered as equivalent to a pass a Higher Secondary Course. Therefore, the petitioners are entitled to the claim that they have made. 6. In view of the above, these writ petitions are allowed and the respondents are directed to consider the claim of the petitioners for promotion and pass appropriate orders within period of eight weeks from the date of receipt of copy of this order. The respondents shall also verify the particulars of the qualifications secured by them, as indicated in the tabular statement. There shall be no order as to costs. Consequently, M.P.Nos.1 and 2 of 2012 and M.P.No. 1 of 2013 are closed.