Madras High Court

R.Parthasarathi vs State Of Tamil Nadu on 26 August, 2021

                                                                               W.P.No.34077 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 26.08.2021

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                W.P.No.34077 of 2018
                                        and WMP.Nos.39590 & 39596 of 2018
                                            (Through Video Conferencing)

                     R.Parthasarathi                                ... Petitioner

                                                         Vs

                     1.State of Tamil Nadu,
                       Represented by its Secretary,
                       Personnel & Administrative
                       Reforms Department,
                       Fort St.George,
                       Chennai – 600 009.

                     2.The Deputy Secretary to the Government
                       Handlooms, Handicraft, Textiles
                       and Khadi Department,
                       Fort St.George,
                       Chennai – 600 009.                               ... Respondents




                     Prayer: Petition filed under Article 226 of the Constitution of India to
                     issue Writ of Certiorarified Mandamus, to call for the records of the first
                     respondent in G.O. (4D) No.34 Presonnel and Administrative Reforms
                     Department, dated 08.11.2018 and quash the same by taking into account
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                                                                                     W.P.No.34077 of 2021


                     the fact that pre-foundation course from Madurai-Kamaraj University has
                     been declared as equivalent to X std vide G.O. Ms.No.528 dated
                     18.5.1985 and G.O. Ms.No.1110 dated 17.09.1985 by applying the
                     judgment of this Hon'ble Court in Writ Petition No.18156 of 2015 dated
                     26.09.2016 and Writ Appeal No.253 of 2017 dated 14.07.2017 and
                     consequently direct the respondents to grant the petitioner with
                     promotion to the post of Section Officer by including his name in the
                     panel for promotion for the year 2017-18 above his immediate juniors
                     with all consequential monetary and service benefits to the petitioner.

                                        For Petitioner     : M/s.Dakshyani Reddy

                                        For Respondents    : Mr.L.S.M.Hasan Fizal,
                                                             Government Advocate

                                                           ORDER

The petitioner has filed this writ petition against impugned order

dated 08.11.2018 of the 1st respondent to quash the same and to direct

the respondents to grant promotion to the petitioner to the post of Section

Officer.

2. The petitioner was appointed as an Assistant Section Officer

with the 1st respondent on 17.05.2011. The next avenue for promotion is

to the post of a Section Officer. The petitioner's name was not in the

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W.P.No.34077 of 2021

panel of person fit for promotion to the post of Section officer whereas

petitioner's juniors name were included in the panel.

3. The only reason for not including the name of the petitioner in

the panel for promoting the petitioner as a Section Officer with the 2nd

respondent was that the petitioner had not completed 10th standard

through regular medium.

4. The learned counsel for the petitioner submits that while

dealing with a similar issue in WP.No.34209 and in W.A.No.688 of

2015, it was held that G.O.Ms.No.34 dated 08.11.2018 relied by the

respondent was not retrospective in naure.

5. The learned counsel for the petitioner has also relied on the

decision of the Division Bench of the Madurai Bench of this Court in

W.A.(MD).No.253 dated 14.07.2017 wherein it was held that

G.O.Ms.No.528 dated 18.05.1985 will prevail over the communication

dated 08 August 2013 issued by the Secretary to Government, P & AR

Department.

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W.P.No.34077 of 2021

6. The learned counsel for the petitioner submits that the

petitioner completed 8th standard and thereafter completed pre-foundation

course from the Madurai Kamaraj University before 1997-1998 and

thereafter completed Higher Secondary Education through State Board

Education. The petitioner thereafter completed UG in B.A (Tamil)

through Distance Education system of the Madurai Kamaraj University.

7. The respondent has referred to G.O.Ms.No.144 dated

20.11.2017 wherein it has been stated that a decision was taken to

implement the recommendation of Equivalence Committee which was

opined that pre-foundation and Foundation course are not equal to SSLC

and HSC.

8. The learned counsel for the respondent further relied on

G.O.Ms.No.107, P & D Tamil Nadu Department, dated 18.08.2009 and

25 of the Tamil Nadu Government Service Servant (Condition of

Services) Act, 2016 and submits that though the petitioner's name was

included in the panel of personnel for being promoted, as per https://www.mhc.tn.gov.in/judis

W.P.No.34077 of 2021

G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department,

dated 18.08.2009, the B.A. Degree obtained by the petitioner after

passing Pre-Foundation Course and Higher Secondary Examination (+2)

without passing SSLC through regular course cannot be considered for

appointment to the post of Section Officer and hence, the name of the

petitioner was considered as “Not Qualified” for inclusion in the panel of

“Section Officer” for the year 2017-2018.

9. The learned counsel for the respondents submits that though the

petitioner was appointed as an Assistant Section Officer on 17.05.2011

and the appointment was as per Government Order i.e. G.O.Ms.No.528

dated 18.05.1985, pre-foundation course of Madurai Kamaraj Open

University was recognized by the Tamil Nadu Government for the

purpose of entry into services in the State was rendered by

G.O.Ms.No.144 dated 20.11.2017.

10. Relevant portion of G.O.Ms.No.144, Personnel and Administrative Reforms (M) Department, dated 20.11.2017, it reads as under:

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W.P.No.34077 of 2021

5. In the meantime, the Equivalence Committee in its recommendations in the letter eighth and ninth read above has also resolved that the Pre-foundation Course and the Foundation/Bridge Courses awarded by various Universities cannot be recognized as equivalent to SSLC and Higher Secondary Course (+2). The recommendations of the Equivalence Committee are in consonance with the clarification issued in the letter seventh read above, hence, the Pre-foundation Course and the Foundation / Bridge Courses awarded by various Universities cannot be recognized as equivalent to SSLC and Higher Secondary Course (+2).

6. As the recommendations of the Equivalence Committee confirms the clarification that the Pre- foundation Course an Foundation Course offered by various Universities in the State are not equivalent to SSLC and Higher Secondary Course (+2) respectively, Government emphasise to follow the clarification issued in the Government letter seventh read above scrupulously.

G.O.Ms.No.528 dated 18.05.1985 read as under:

3. The Government, after careful consideration, directs that the Pre-foundation Course of the Madurai Kamaraj University Open University be recognized as equivalent to the 10 years SSLC of the Tamil Nadu Government for purpose of entry into service in this State. The Government also directs that the two years Foundation Course of the Madurai Kamaraj University – Open University be recognized as equivalent to Higher Secondary (+2) course of the Tamil Nadu Government for purpose of entry in Public Services in the State.

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W.P.No.34077 of 2021

10. I have considered the arguments advanced by the learned

counsel for the petitioner and the learned counsel for the respondent.

11. It is noticed that, when the petitioner entered the service as an

Assistant Section Officer on 17.05.2011, G.O.Ms.No.528 dated

18.05.1985 was in force. As Per G.O.Ms.No.528 dated 18.05.1985,

Personnel and Administrative Department (P & AR) Department, that Pre

Foundation Course was equivalent to SSLC (10th Standard ) and

Foundation Course was equivalent to HSC (+2). This was reiterated in

G.O.Ms.No.110 dated 17.09.1985.

12. Incidentally, G.O.Ms.No.107, Personnel and Administrative

Reforms (M) Department, dated 18.08.2009, G.O.Ms.No.180, Personal

and Administrative Reforms ® Department, dated 11.09.2000 also

clarified that Diploma, Graduatiion and Post Graduation through Open

University System were to be treated on par with Regular decree for the

purpose of employment in Public Service. Relevant portion of

G.O.Ms.No.180, Personal and Administrative Reforms ® Department,

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W.P.No.34077 of 2021

dated 11.09.2000 is re-produced below:-

4. Fotpd; ghpe;Jiufis muR jPtpu ghprPyidf;Fg; gpd; Vw;Wf; nfhs;s KbntLj;Js;sJ. mt;thNw, jkpo;ehl;bYs;s gy;fiyf;fof khd;af;FOthy; mq;fPfhpf;fg;gl;l gy;fiyf;fofq;fshy; jpwe;jntsp gy;fiyf;fof Kiw %yk; toq;fg;gLk; gl;lag;gbg;G, gl;lg;gbg;G kw;Wk; KJepiyg; gl;lg;gbg;Gfis mg;gy;fiyf;foq;fshy; Kiwahf toq;fg;gLk; gl;lag;gbg;G, gl;lg;gbg;G kw;Wk; KJepiyg; gl;lg;gbg;G Mfpatw;Wf;Fr; rkkhff; fUjp nghJg;gzpfspy; Ntiytha;g;gpw;F mq;fPfhuk; mspj;J muR MizapLfpwJ.

13. This was reiterated in G.O.Ms.No.217, Pesonnel and

Administrative Reforms (K) Department, dated 08.09.2007. The content

of G.O.Ms.No.217, Personnel and Administrative Reforms (K)

Department, dated 08.09.2007 is reproduced below:-

ABSTRACT

Public Services – Qualifications -Recognition of Course awarded under Open Univeristy System by Tamil Nadu Open University as equivalent to the corresponding awards of other Universities in the State under regular stream for the purpose of employment in public services – clarification – issued.

__________________________________________________________

PERSONNEL AND ADMINISTRATIVE REFORMS (K) DEPARTMENT https://www.mhc.tn.gov.in/judis

W.P.No.34077 of 2021

G.O.Ms.No.217 Dated : 08.09.2007

1. G.O.Ms.No.180, Personnel and Administrative Reforms (R), Department, dated 11.09.2000.

2. From the Registrar, Tamil Nadu Open Univeristy Letter F.No.16(2)/Misc/2003, dated 27.02.2007.

ORDER:

In the Government order first read above, it has been ordered that the Diploma / Under Graduate / Post Graduate Degree Courses offered by the Univerisities recognized by the University Grands Commission through open univerisity system shall be considered as equivalent to Diploma / Under Graduate / Post Graduate Degree courses offered by those Univerisities under regular stream for the purpose of employment in public services.

2. In the letter second and read above, the Registrar, Tamil Nadu Open University has requested to issue an order to the effect that the Certificates / Diploma / Degree and Post Graduate Degree conferred by Tamil Nadu Open University shall be treated as equivalent to the correspondent awards of other Univerisities in the State under regular stream, for the purpose of employment in public services.

3. The Government have examined the matter in detail and decided to issue a clarification based on the orders issued in the Government order first read above. Accordingly, the Government direct that the Diploma / Under Graduate / Post Graduate Degree Courses offered by the Tamil Nadu Open University shall be treated as equivalent to the corresponding awards of the other Univerisities in the State under regular stream for the purpose of employment in public services.

//BY ORDER OF THE GOVERNER//

T.S.SRIDHAR SPECIAL COMMISSIONER AND SERCRETARY TO GOVERNMENT https://www.mhc.tn.gov.in/judis

W.P.No.34077 of 2021

14. Thus, the petitioner's appointment as an Assistant Section

Officer was governed by G.O.Ms.No.528 dated 18.05.1985 and

G.O.Ms.No.180, Personal and Administrative Reforms ® Department,

dated 11.9.2000.

15. If the petitioner's appointment as an Assistant Section Officer

was valid in the year 2011 in the recruitment proceeding called for in

2008, the request of the petitioner for being promoted as a Section

Officer cannot be denied on the ground stated in the impugned

G.O.Ms.No.34 dated 8.11.2018. The petitioner has also completed six

years as an Assistant Section Officer on date.

16. Incidentally, the Government has also issue G.O.Ms.No.221

dated 10.05.1990, relevant portion of which reads as follows:

“3.The Government therefore direct that the principle laid down in the above judgments be followed and it should be considered that once the relaxation is given exempting a person from possessing qualifications/passing Department/Special Test and other obligatory tests prescribed for the post, it https://www.mhc.tn.gov.in/judis

W.P.No.34077 of 2021

should be held valid for all future promotions, where the same qualification is prescribed. The above decision, should be borne in mind while dealing with any case of relaxation of qualification rule to entry post in any service.”

17. Thus, the petitioner is entitled to the relief. While

implementing this order, Respondents are also directed to effect changes

in the Service Register of the petitioner, within a period of eight weeks

from the date of receipt of copy of this order.