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2013 DIGILAW 4063 (MAD)

D. Somu v. Secretary to Government of Tamil Nadu, Department of School Education

2013-11-29

R.MAHADEVAN

body2013
Judgment The Writ Petition is filed to quash the order dated 01.01.2012 of the fourth respondent and direct the respondents to include the petitioner’s name in the promotion panel for the post of Middle School Head Master. 2. The case of the petitioner is that he joined as Secondary Grade Teacher in Sembiapattinam Government School in Peravoorari Taluk on 06.01.1990. He had possessed his S.S.L.C. and Diploma in Teacher Education (D.T.Ed). He studied B.Sc., (Maths) in due course. After working in various Schools, he was promoted as Primary School Head Master on 06.02.2005 at Veeranvayal in Muthupet Union. Thereafter, he was again promoted on 06.02.2010, as Head Master in Government Middle School at Kalladikollai and later transferred to Panchayat Union Primary School Mathialangaram, by order dated 17.09.2011. 3. According to the petitioner, his name is to appear first in the panel of eligible persons to be promoted as Middle School Head Master as all other persons placed above him were already promoted. The panel for promotion to the post of Middle School Head Masters with effect from 01.01.2012 was published on 31.03.2012 by the fourth respondent, wherein his name did not find place. 4. Upon enquiry, about the omission, the third respondent informed him that the Degree obtained by the petitioner in the Open University, cannot be considered for promotion to the post of Middle School Head Master. However, no such order to that effect was issued and the petitioner submitted representation on 11.06.2012 to the respondents 2 and 3, and no favourable action was forthcoming, the petitioner challenged the panel in this Writ Petition and for consequential relief. 5. In the counter affidavit filed by the fourth respondent, it is stated that the petitioner’s name was not considered, as he was not possessing the Higher Secondary Qualification and the Degree obtained in the Open University System does not equate 10+2+3 System and, hence he is not eligible for promotion. It is also stated that the petitioner's name was subsequently included for the panel drawn on 01.01.2013, since he was qualified for Higher Secondary during the month of June 2012. 6. It is also stated that the petitioner's name was subsequently included for the panel drawn on 01.01.2013, since he was qualified for Higher Secondary during the month of June 2012. 6. When similar issue came up for consideration, this Hon'ble Court in a batch of Writ Petitions in W.P.Nos.25431 of 2001 etc., held that a Diploma in Technical Education (D.T.Ed) is equivalent to the plus two course and directed the authorities to consider the case of the petitioners therein for promotion. The said order was followed by the subsequent order dated 18.10.2012 in W.P.No.28451 of 2012. The petitioner in this case stands on the same footing and his case is to be considered for including his name in the panel. 7. In such a view of the matter, this Writ Petition is allowed, with a direction to the respondents to consider the name of the petitioner for inclusion of his name in the panel dated 01.01.2012 for promotion as Middle School Head Master, if he is otherwise qualified, and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs.