Madras High Court
R.Kalaivani vs The Additional Registrar/ on 3 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2480 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.A.No.2480 of 2024
R.Kalaivani ... Appellant
Vs.
1.The Additional Registrar/
Managing Director,
Tamil Nadu Cooperative State Agricultural
and Rural Development Bank Limited,
181, Luz Church Road, Mylapore,
Chennai 600 004.
2. The Special Officer,
Tamil Nadu Co-operative State Agriculture,
and Rural Development Bank Limited,
181, Luz Church Road, Mylapore,
Chennai 600 004. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 07.09.2023 passed in W.P.No.26039 of 2023 and allow the
writ petition.
Page 1 of 8
https://www.mhc.tn.gov.in/judis
W.A.No.2480 of 2024
For Appellant : Mr.K.S.V.Prasad
For Respondents : Mr.M.Habeeb Rahman, Government Advocate
JUDGMENT
(Order of the Court was made by the Hon'ble Acting Chief Justice)
The appellant/ writ petitioner has filed the present writ appeal,
assailing the order passed by the learned Single Judge in W.P.No.26039 of
2023, dated 07.09.2023.
2. The appellant joined as Office Assistant in the Tamil Nadu
Cooperative State Agricultural and Rural Development Bank at
Nagapattinam in the year 1995. She cleared 10th Standard (SSLC) in the
year 1996 and thereafter, she obtained B.Com degree from the Annamalai
University and after completing the decree course, she completed +2 course.
According to the appellant, though similarly placed persons viz.,
W.Pushparani and N.Saiprabhavathy were promoted in the year 1999, she
was not given promotion. As such, she had given a representation on
09.04.2009 to the respondents, but it was rejected on 22.07.2014, stating
that the appellant has obtained graduation from the open university on
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completion of his 10th standard, which is not in conformity with the
directive, as set out in G.O.Ms.No.107, dated 18.08.2009. According to the
appellant, G.O.Ms.No.107, dated 18.08.2009 will not apply to her case,
Her another representation dated 04.12.2021 was rejected, vide order dated
03.03.2022, and the review petition No.5/2022 was also dismissed by the
first respondent, vide order dated 22.05.2023. Hence, the appellant has filed
the above writ petition seeking to quash the order dated 03.03.2022, but the
learned Single Judge has dismissed the writ petition, which is impugned
herein.
3. The learned counsel for the appellant submitted that as per the
amendment made in G.O.Ms.No.107, dated 18.08.2009 which was
circulated by the Registrar of Cooperative Society, vide Na.Ka.No.77074/
2013, dated 12.01.2017, the appellant is entitled to get promotion, however,
the learned Judge without considering the above aspects has dismissed the
writ petition.
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4. In the G.O.(MS) No.107, dated 18.08.2009, it was ordered as
follows
4. //// gs;sp ,Wjpj; njh;t[ (gj;jhk; tFg;g[) kw;Wk; gs;sp
nky;epiyf; fy;tpj; njh;t[ (+2) Mfpaitfspy; njh;r;rp
bgw;wgpd;. jpwe;jbtspg; gy;fiyf;fHf';fspd; tHpahfg; bgwg;
gLk; gl;lak;- gl;lk;- KJfiyg; gl;l';fis kl;Lk; bghJg;
gzpfspy; epakzk;- gjtp cah;t[ bgw m';fPfhpj;J
MizapLfpwJ/
As per the above government order, the degree of Arts and Science obtained
from the Open University shall be considered for promotion, only if the
candidate acquired such degree, after passing the X and XII Standard.
5. Following the above government order, the Registrar of Cooperative
Societies had issued instructions to its officials vide circular No.37/2009,
dated 13.11.2009, wherein, it is instructed as follows.
3. .... In other words, an individual having a degree obtained through
distance education method from open universities/regular universities will not
qualify for a post where degree is a necessary qualification unless he has
studied in a regular school and passed 10th and 12 the class examination
conducted by State Board/CBSE such other boards recognized by the
Government to conduct such examination."
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6. Again, vide letter dated 12.01.2017, it was clarified by the
Registrar as follows.
gj;jp 3?y; thp 10?y; fhQqk; unless he has kw;Wk; passed
vd;w brhw;bwhlh;fSf;F ,ilna tUk; "studied in a regular school
and" vd;w brhw;bwhlh; ePf;fk; bra;ag;gLfpwJ.
Tl;Lwt[r; r';f';fspy; cs;s gzpapl';fspy; neuo
epakdkj;jpd;nghJ fy;tpj; jFjpia ghprPypf;Fk; nghJ nkw;brhd;d
jpUj;jg;go eltof;if nkw;bfhs;SkhW mwpt[Wj; jg;gLfpwJ/
As such, as per the above clarification, the circular issued on 13.11.2009,
shall be read as follows.
3. .... In other words, an individual having a degree obtained through
distance education method from open universities/regular universities will
not qualify for a post where degree is a necessary qualification unless he
has passed 10th and 12th class examination conducted by State
Board/CBSE such other boards recognized by the Government to conduct
such examination."
7. From the above, it is clear that the appellant has not satisfied the
conditions as stipulated in the G.O.Ms.No.107, dated 18.08.2009. Further,
as per the above said circulars issued by the Registrar of Co-operative
Societies, only after passing the 10th and +2 course, the degree obtained
through the open universities will qualify a person for promotion to a post,
where degree is necessary qualification. In the case on hand, the appellant
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has passed the +2 course, only after obtaining the degree from open
university. Further, there is no amendment made to G.O.Ms.No.107, dated
18.08.2009 as stated by the appellant, whereas, amendment was made to the
circular dated 13.11.2009, vide subsequent circular dated 12.01.2017.
Therefore, the contention of the appellant that as per the circular issued by
the Registrar of Cooperative Society, vide Na.Ka.No.77074/ 2013, dated
12.01.2017, the appellant is entitled to get promotion, cannot be accepted.
8. More over, as rightly observed by the learned Single, the appellant
has not challenged the earlier rejection order passed by the department dated
22.07.2014 on her claim for promotion. But, she made another
representation seeking promotion and challenged the subsequent rejection
order as well as the review order passed on another representation.
Therefore, considering the grievance ventilated by the appellant from any
angle, we are not inclined to entertain this appeal, as it has no merits.
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9. Accordingly, this writ appeal is dismissed. There shall be no order
as to costs.
(D.K.K., A.CJ.) (P.B.B.J.)
03.09.2024
Internet: Yes/No
Index : Yes/No
mst
To
1.The Additional Registrar/ Managing Director,
Tamil Nadu Cooperative State Agricultural
and Rural Development Bank Limited,
181, Luz Church Road, Mylapore, Chennai 600 004.
2. The Special Officer,
Tamil Nadu Co-operative State Agriculture,
and Rural Development Bank Limited,
181, Luz Church Road, Mylapore,
Chennai 600 004.
https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
and
P.B.BALAJI, J.
mst
03.09.2024
https://www.mhc.tn.gov.in/judis
