The petitioner has filed the present writ petition seeking issuance of writ of declaration declaring the action of the respondents 1 to 3 for including the respondents 4 to 6 over and above the petitioner in the panel for promotion to the post of Headmaster of Middle School is illegal and consequently direct the respondents 1 to 3 to promote the petitioner as Headmaster Middle School with effect from the month of September, 2004 with consequential service benefits.
2. The petitioner, after joining the service as Secondary Grade Teacher with effect from 01.10.1992, was promoted as Headmaster of Primary School on 26.12.2001. His case is that on joining the services as Secondary Grade Teacher, he has completed M.A. through Open University System and also B.Ed., in the year 1995. Thereafter, for having completed the above mentioned higher qualifications, he was also granted two incentives with effect from 26.06.1995. Since the said higher qualifications were not entered in his service register as a requisite qualification for appointment to the next higher post of Headmaster to the Middle School, he was informed that the degree obtained by him through the Open University System would not be considered for promotion, for the reason that he has completed M.A. through Open University without first completing B.A. Therefore, the petitioner once again completed B.A. in the regular stream in the year 2001. On completion of the B.A. degree, the petitioner made a request to the respondents 1 to 3 to enter the same in his records, for which, he was informed that he has to give back his advance incentives from the year 1995, as he had drawn the advance incentives, by a communication dated 04.12.2002. In the said communication, it was informed that the petitioner without taking prior permission for pursuing the higher studies, he had joined M.A., therefore, it was informed that he had to make a representation for ratification of the same. Accepting the communication dated 04.12.2002, as directed, the petitioner has also paid the entire advance increments of Rs.19,487/- by a challan dated 13.12.2002. Later on, by order dated 23.05.2003, he was informed that his name cannot be included in the panel for the year 2003, since the ratification was not given.
3. In the meanwhile, under Sarva Siksha Abiknan Scheme (SSA) framed by the Central Government, 676 primary schools are upgraded as Middle Schools all over the State of Tamil Nadu and by G.O.Ms.No.13, dated 09.02.2005, the 1st respondent herein has also ordered to fill up the said upgraded Middle Schools Headmasters post by promoting the eligible teachers. In the light of the above said G.O., though the respondents 4 to 6 do not possess the essential requirement of B.Ed. degree, as they only possess B.Lit. degree and the respondents 4 to 6 are not even serving as a Tamil Pandit, the respondents 1 to 3 formed a promotional panel by including the 4th respondent, when he has not at all qualified to the post of Headmaster of Middle School and in any event, it was further contended that the 4th respondent did not even complete his B.Lit. degree as on 17.02.2003, on which date, the petitioner became eligible to be promoted to the next higher post, as the petitioner is the senior to the 4th respondent. But, unfortunately, the 4th respondent was promoted to the post of Headmaster of Middle School with effect from the month of September, 2004.
4. Objecting to the said promotion of the 4th respondent and non promotion of the petitioner, when a representation made to the respondents 1 to 3 stating that the 4th respondent is possessed only B.Lit. degree, therefore, he is not entitled to be promoted as Headmaster of Middle School, the same was not considered by the respondents. In the said representation, it was further stated that the 4th respondent cannot be given preference over the petitioner, since he has acquired the said qualification only after the petitioner had acquired the same. When the petitioner was waiting for further orders from the respondents, the respondents 1 to 3 have formed a panel for the year 2005, in which, the petitioner's name again was placed at Sl.No.3. Since the said representation was not considered, the petitioner has filed the present writ petition seeking the aforesaid prayer.
5. Further, the learned counsel appearing for the petitioner submitted that the respondents 1 to 3 failed to see whether the respondents 4 to 6 are eligible to the post of Headmaster of Middle School, as they do not possess the B.Ed. degree. Further, the inclusion of the respondents 4 to 6 over and above the name of the petitioner in the panel is directly contrary to the proceedings of the Director of Elementary Education dated 15.11.2001, by which the panel once formed has to be exhausted and a new panel cannot be formed unless already eligible persons are promoted. Further, it was submitted that the post of Headmaster of Middle School forms part of Class I of Tamil Nadu Elementary Education Subordinate Service and as per the Rules, for the purpose of promotion of Primary School Headmaster or Secondary Grade Teachers as Headmaster of Middle School, they should possess B.Ed. degree. But in the post of Tamil Pandit, possession of B.Lit degree alone is permissible. Whileso, the respondents 4 to 6 would not become as Tamil Pandits by merely acquiring B.Lit. Degree, since still they are continuing as Primary School Headmasters. On that basis, it was contended that the respondents 4 to 6 are not eligible to the post of Headmaster of Middle School before the petitioner was promoted. 6.Per contra, vehemently objecting the prayer made by the petitioner that the respondents 4 to 6 not qualified for promotion as Headmaster of Middle School, the learned Government Advocate appearing for the respondents 1 to 3 submitted that the said prayer has to be rejected for the reason that the circular issued by the 1st respondent/the Director of Elementary Education, Chennai, in his proceedings R.C.No.3926/ED1/2000, dated 13.06.2000, specifically clarified that for promotion as Headmaster of Middle School, Tamil Pandits may be considered even without B.Ed. degrees, because the qualification required for Tamil Pandit is sufficient for Headmaster of Middle School. Therefore, the learned counsel for the petitioner has no basis to contend that B.Ed. qualified persons should be considered for promotion as Headmaster of Middle School.
7. Secondly, the 4th respondent has been working as Headmaster of Panchayat Union Middle School from 15.09.2004 and after a lapse of one year, the petitioner has chosen to challenge the promotion of the 4th respondent, which is time barred. Further, the respondents 4 to 6 are fully qualified to be promoted as Headmaster of Middle School and the inclusion of their names in the panel for promotion is based on the rules and the promotions of the respondents 4 to 6 are considered based on the date of appointment in the Secondary Grade Assistant (Feeding Category) and not on the date of passing of higher qualification as stated by the petitioner herein. Therefore, it was submitted that the contention of the petitioner in this regard is untenable.
8. Heard the learned counsel appearing on either side and perused the materials available on record.
9. It is admitted fact that the petitioner has passed M.A. degree through Open University System without acquiring B.A. degree. Yet, his M.A.degree acquired through Open University System was also taken into consideration for granting of incentive increments with effect from 15.12.2000 as per G.O.Ms.No.307, dated 15.12.2000. But, the above said qualification is not recognised for considering the promotional purpose, the reason being that he has not obtained prior permission even for passing of the said qualification. Therefore, the action of the petitioner has to be ratified by the department. Only after getting ratification, the petitioner became eligible for promotional panel. In this connection, he has obtained ratification on 17.02.2003 and entries to that effect have been made on 20.06.2003 and on that basis, his name was included at Sl.No.2 in the panel for promotion as Headmaster of Middle School for the year 2004. During the year 2004-2005, there was only one vacancy for the post Headmaster of Middle School. In the said vacancy, the 4th respondent was promoted on 15.09.2004 as he was at Sl.No.1 in the panel for 2004. Again, the panel for the year 2005 was approved and the petitioner was found out at Sl.No.3 and even for the year 2005-2006, there was only one vacancy for Middle School Headmaster and in the said vacancy, the 5th respondent was promoted on 08.07.2005 as he was at Sl.No.1. Therefore, the petitioner, who was placed at Sl.No.3, could not be promoted.
10. In any event, the contention advanced by the learned counsel for the petitioner that only B.Ed. Degree should be considered for promotion as Headmaster of Middle School is totally untenable, in view of the proceedings issued by the 1st respondent stating that the persons possessing B.Lit. qualification without possessing B.Ed. qualification are eligible to be promoted as Headmaster of Middle School. Accordingly, I hold that the order of the 2nd respondent is valid and on that basis, finding no merit in the present writ petition, this Court dismisses the same. No costs. Consequently, connected miscellaneous petitions are closed.
