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Madras High Court · body

2014 DIGILAW 3406 (MAD)

M. C. Sherly v. Secretary to Government of Tamil Nadu

2014-09-17

R.S.RAMANATHAN

body2014
Judgment 1. The petitioner studied X Standard, thereafter underwent Diploma in Teacher Training Course during 1986 – 1989 and she was appointed as Secondary Grade Assistant Teacher after her name was sponsored through District Employment Exchange. The petitioner was fully qualified to be considered for the post of B.T.Assistant from the present post of Secondary Grade Teacher but the third respondent has not included the name of the petitioner in the panel list as on 01.01.2013 in the promotion list stating that the petitioner has not studied 10 + 2 + 3 pattern for promotion. 2. It is submitted by the learned counsel for the petitioner that the petitioner is a degree holder and this Court in W.P.Nos.24495 of 2012 to 24497 of 2012 held that the persons who had undergone Diploma in Teacher Training Course and thereafter, studied B.Ed also eligible to be considered for promotion as B.T.Assistant Teacher and therefore, the petitioner is also eligible to be considered for promotion to the post of B.T.Assistant and the respondents may be directed to consider the case of the petitioner for such promotion. 3. The learned Special Government Pleader for the respondents submitted that the order passed in W.P. W.P.Nos.24495 of 2012 to 24497 of 2012 is challenged in a Writ Appeal and the Writ Appeal is pending. 4. It is seen from the affidavit and also from the typed set of papers that the petitioner, after studying X Standard, studied Diploma in Teacher Training Course and thereafter studied B.A., and also acquired B.Ed. She was appointed as Secondary Grade Assistant Teacher on the basis of her educational qualification, namely, X Standard and Diploma in Teacher Training Course. Thereafter, the petitioner passed B.A., and B.Ed course. Therefore, she is eligible to be considered for promotion for the post of B.T.Assistant. In the aforesaid judgment, this aspect was considered and this Court held that the person who holds Diploma in Teacher Training Course is also entitled to be considered for promotion and the Diploma in Teacher Training Course is equivalent to 10 + 2 pattern education. Though the order in those Writ Petitions is challenged by way of Writ Appeal, as on date, no final order is passed. Hence, the petitioner is also entitled to the benefit of the aforesaid judgment. 5. Though the order in those Writ Petitions is challenged by way of Writ Appeal, as on date, no final order is passed. Hence, the petitioner is also entitled to the benefit of the aforesaid judgment. 5. In the result, the Writ Petition is allowed and the respondents are directed to consider the case of the petitioner for promotion as B.T.Assistant if the petitioner satisfies the other qualifications. No costs. The connected Miscellaneous Petition is closed.