Madras High Court
T.Manickavelu vs The Director Of School Education on 6 October, 2023
W.P.No.6744 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.6744 of 2020
and
W.M.P.Nos.8017 & 8019 of 2020
T.Manickavelu
S/o.Thoppalan
B.T.Assistant (Tamil)
Thiru K.Kuppusamy Memorial High School
Chinna Kangiyanur
Thiuvannamalai ... Petitioner
/Vs/
1.The Director of School Education
DPI Campus, College Road
Chennai 600 006.
2.The Joint Director School Education
DPI Campus, College Road
Chennai 600 006.
3.The Chief Educational Officer
Thiruvannamalai District
Thiruvannamalai
4.The District Educational Officer
Thiruvannamalai Education District
Thiruvannamalai
1/10
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
5.The Secretary
Thiru K.Kuppusamy Memorial High School
Chinna Kangiyanur, Pallikondapattu
Thivannamalai 606 611 ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorarified Mandamus to call for the records
relating to the impugned order issued by the second respondent in
Na.Ka.No.024361/D1/E2/2019 dated 28.05.2019 by confirming the earlier
order issued by the fourth respondent in Na.Ka.No.2722/A4/2015 dated
12.10.2015 and to quash the same and consequently directing the
respondents to approve the promotion of the Petitioner to the post of
B.T.Assistant (Tamil)/Tamil Pandit in the fifth Respondent school from the
date of promotion with consequential and other attendant benefits
including the payment of salary in the post of B.T.Assistant (Tamil)/Tamil
Pandit from the date of promotion.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents : Mr.P.Sanjay Gandhi
Government Advocate
2/10
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
ORDER
The Petitioner was appointed as Office Assistant inthe Respondent
School on 29.01.1987. While in service he studied B.Lit., Degree, after
getting permission from the Respondents and completed the same in May
2001. Subsequently, he also completed M.A., Degree in December 2003.
He had also completed Tamil Pandit Training in Tamil University,
Thanjavur in May 2008. In fact he secured admission for B.Lit., degree
only after clearing the entrance examination as required under the UGC
regulations. Subsequently, he had also passed 12th standard in June 2012.
The fourth Respondent appointed the Petitioner in the post of B.T.
Assistant (Tamil) on 12.10.2015 by considering his qualification in Tamil.
However, his appointment was not approved by the Government, in view
of the required qualification in the pattern of 10+2+3 as contemplated in
G.O.Ms.No.107 P & AR (M) Department, dated 18.08.2009. The
Petitioner has challenged the said rejection order dated 12.10.2015 and
sought direction for approving his promotion in the post of BT Assistant
and subsequently other attendant benefits applicable to the post of BT
Assistant from the date of his promotion.
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
2.Learned counsel for the Petitioner submitted that in the judgment
passed by the Division Bench of this Court in the case of J.Joseph
Irudayaraj Vs. Joint Director of School Education and others in
W.A.No.1064 of 2012 dated 19.07.2019, where a similar such situation
has been dealt and a direction has been issued to the Respondent
Department to consider the proposal, by taking into account that the
Appellant had completed his higher secondary examination.
3.The fourth Respondent has filed counter affidavit by stating that
the Petitioner's claim cannot be considered, because he does not possess
the required qualification in 10+2+3 pattern. The Petitioner obtained the
educational qualification in the order of 10+3+2 pattern and the Petitioner
had obtained B.Lit Degree through open University stream by passing a
pre-foundation course. As per G.O.Ms.No.107, P & AR (M) Department,
dated 18.08.2009, the educational qualification should be in the order of
10+2+3 pattern through a regular stream. Hence the proposal was returned
to the fifth Respondent. Since the rules do not permit such appointment,
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
the proposal has been returned.
4.Learned Government Advocate appearing on behalf of the
Respondents submitted that the above position has already been settled in
a similar case. In T.Jeyalakshmi Vs. Tamil Nadu Public Service
Commission in W.P.No.12189 of 2018 dated 11.01.2022, it is held that the
subsequent degree obtained in Open University cannot be considered as
valid for the purpose of appointment. In the said order, an earlier judgment
passed by the Division Bench of this Court in the case of Mohamed
Hasan Refayee Vs. the Tamil Nadu Public Services Commission and
another in W.A.No.213 of 2018 dated 19.07.2019 has also been followed.
5.Heard the learned counsel for the Petitioner and the learned
Government Advocate and perused the available records.
6.In the case in hand, the Petitioner, who was working as an Office
Assistant seems to have acquired qualification, especially, in the subject of
Tamil by obtaining B.Lit., Degree and thereafter M.A., Degree. He had
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
also finished Pandit training in Tamil. At the time of appointment, he had
passed SSLC only. Considering his educational qualification, the fifth
Respondent has come forward to appoint him as B.T.Assistant (Tamil) due
to the retirement of one Tamil teacher viz., Mr.K.Raju. According to the
fifth Respondent, the appointment of the Petitioner came into effect from
01.06.2015, but the same was not approved by the Government and the
papers were returned by the Government, stating that the Petitioner did not
acquire the required qualification in the pattern of 10+2+3.
7.Learned counsel for the Petitioner submitted that even though the
Petitioner had obtained B.Lit degree without passing +2, he had cleared +2
during June 2012, before his appointment as BT Assistant and so according
to him, at the time of appointment he had the necessary qualification of
10+2+3, but in a little reverse pattern of 10+3+2. So the learned counsel
for the Petitioner submitted that the Respondents should consider the larger
interest of the Government Order and approve the Petitioner for the post of
B.T.Assistant.
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
8.The Government finds it difficult to give approval by objecting the
pattern in which he acquired the qualification. Even in the counter of the
fourth Respondent, it is not denied that the Petitioner did not qualify plus
two. However, it is stated that he had acquired +2 only after he completed
B.Lit., degree in Tamil.
9.The second objection of the Government is that the Open
University degree can not be considered for the appointment and it is
upheld by the Division Bench of this Court in Mohamed Hasan Refayee
Vs. the Tamil Nadu Public Services Commission and another
(W.A.No.213 of 2018 dated 19.07.2019), and which has been later
followed in T.Jeyalakshmi Vs. Tamil Nadu Public Service Commission
(W.P.No.12189 of 2018 dated 11.01.2022).
10.The learned Government Advocate attracted this Court's attention
to G.O.Ms.No.144, Personnel and Administrative Reforms (M)
Department, dated 20.11.2017, which disapproves the degree obtained
through Open University. However, the appointment of this Petitioner
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
relates back to the year 2015 and hence the above G.O., cannot be applied
retrospectively to the case of the Petitioner.
11.Hence, I feel it is appropriate to set aside the order of the second
respondent in Na.Ka.No.024361/D1/E2/2019 dated 28.05.2019.
Accordingly, the impugned order is set aside. Consequently the
Respondents are directed to reconsider the matter afresh in accordance
with law and in the light of the observation made in the preceding
paragraph, approving the appointment of the Petitioner to the post of B.T.
Assistant, within a period of four weeks from the date of receipt of a copy
of this order.
12.With the above direction, this Writ Petition is disposed of. No
costs. Consequently, connected Miscellaneous Petitions are closed.
06.10.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
To
1.The Director of School Education
DPI Campus, College Road
Chennai 600 006.
2.The Joint Director School Education
DPI Campus, College Road
Chennai 600 006.
3.The Chief Educational Officer
Thiruvannamalai District
Thiruvannamalai
4.The District Educational Officer
Thiruvannamalai Education District
Thiruvannamalai
5.The Secretary
Thiru K.Kuppusamy Memorial High School
Chinna Kangiyanur, Pallikondapattu
Thivannamalai 606 611
https://www.mhc.tn.gov.in/judis
W.P.No.6744 of 2020
R.N.MANJULA, J.
sai
W.P. No.6744 of 2020
and
W.M.P.Nos.8017 & 8019 of 2020
06.10.2023
https://www.mhc.tn.gov.in/judis
