Citation : 2024 Latest Caselaw 15500 Mad
Judgement Date : 9 August, 2024
W.P.Nos.22607,22610,22613 & 22615 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.Nos.22607, 22610, 22613 and 22615 of 2024
and
W.M.P.Nos.24633, 24636, 24640 and 24644 of 2024
G.Pradeepkumar ... Petitioner in W.P.No.22607/2024
N.Indira ... Petitioner in W.P.No.22610/2024
C.Lakshmi ... Petitioner in W.P.No.22613/2024
V.Murugesan ... Petitioner in W.P.No.22615/2024
Vs.
1.State of Tamil Nadu
Rep. by its Principal Secretary to Government
School Education Department,
Fort St.George, Secretariat,
Chennai-600 009.
2.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director,
State Council of Educational Research and Training (SCERT),
DPI Campus, College Road,
Chennai-600 006. ... Respondents in all W.Ps
https://www.mhc.tn.gov.in/judis
1 of Page 6
W.P.Nos.22607,22610,22613 & 22615 of 2024
COMMON PRAYER: These Writ Petitions are filed under Article 226 of the
Constitution of India, for the issuance of a Writ of Mandamus, to direct the
respondents to promote the petitioners as Senior Lecturer as per seniority by
considering M.P.Ed., degree as the relevant qualification for the post of Senior
Lecturer from the date on which his junior was given promotion with all
consequential and other attended benefits.
For Petitioner
in all W.Ps. : Mr.V.Sivalingam
For Respondents
in all W.Ps. : Mrs.P.Rajarajeswari
Government Advocate
-----
COMMON ORDER
These Writ Petitions have been filed for the issuance of a Writ of
Mandamus, to direct the respondents to promote the petitioners as Senior
Lecturer as per seniority by considering M.P.Ed., degree as the relevant
qualification for the post of Senior Lecturer from the date on which his junior
was given promotion with all consequential and other attended benefits.
2. The learned counsel for the petitioners would submit that the
petitioners were appointed as Lecturers and they have made a representation to
the authorities to promote them as Senior Lecturer by considering M.P.Ed, https://www.mhc.tn.gov.in/judis 2 of Page 6 W.P.Nos.22607,22610,22613 & 22615 of 2024
qualification. But, instead of giving promotion to the petitioners, the juniors of
the petitioners have been considered for promotion and now they are working
as Senior Lecturers from 2020 onwards. The petitioners made detailed
representations through proper channel on 31.01.2024 and 01.02.2024,
enclosing their service details independently, but, the same was not considered
by the respondents. Hence, the present Writ Petition is filed.
3. The learned Government Advocate appearing for the
respondent would submit that if any member is qualified with M.Ed degree, he
shall be considered for promotion to the post of Senior Lecturer.
Therefore,M.Ed is mandatory qualification to the post of Senior Lecturer. Since
the petitioners did not possess required qualification, their names have not been
considered for the post of Senior Lecturer.
4. In reply, the learned counsel for the petitioners would submit
that the petitioners are having required qualification for the post of Senior
Lecturer. M.P.Ed Degree should also be equivalent to M.Ed Degree and
therefore, the petitioners are eligible to be promoted to the post of Senior
Lecturer. He also relied on the judgment of this Court in W.P.No.16686 of 2023
dated 14.03.2024, wherein this Court directed the respondents to promote the https://www.mhc.tn.gov.in/judis 3 of Page 6 W.P.Nos.22607,22610,22613 & 22615 of 2024
petitioner therein for the post of Senior Lecturer by considering the M.P.Ed
degree as the relevant qualification.
5. Considering the submission made by the learned counsel for the
petitioners as well as the learned Government Advocate for the respondents,
this Court directs the respondents to dispose of the petitioners' representations
dated 31.01.2024 and 01.02.2024 by considering the M.P.Ed degree as the
relevant qualification for the post of Senior Lecturer and pass orders on merits
and in accordance with law within a period of four (4) weeks from the date of
receipt of a copy of this order.
With the above direction, these Writ Petitions are disposed of.
There shall be no order as to costs. Consequently, the connected Miscellaneous
Petitions are closed.
09.08.2024
asi
https://www.mhc.tn.gov.in/judis 4 of Page 6 W.P.Nos.22607,22610,22613 & 22615 of 2024
To
1.The Principal Secretary to Government School Education Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai – 600 006.
3.The Director, State Council of Educational Research and Training (SCERT), DPI Campus, College Road, Chennai-600 006.
https://www.mhc.tn.gov.in/judis 5 of Page 6 W.P.Nos.22607,22610,22613 & 22615 of 2024
KRISHNAN RAMASAMY, J.
asi
W.P.Nos.22607, 22610, 22613 and 22615 of 2024 and W.M.P.Nos.24633, 24636, 24640 and 24644 of 2024
09.08.2024
https://www.mhc.tn.gov.in/judis 6 of Page 6
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