Madras High Court
The Government Of Tamil Nadu vs R.Ragu on 24 September, 2019
Author: S. Manikumar
Bench: S.Manikumar, D. Krishnakumar
W.A.No.3265 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.A.No.3265 of 2019 and
C.M.P. No.21218 of 2019
1. The Government of Tamil Nadu,
Rep. by the Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2. The Director of Elementary Education,
College Road, Nungambakkam,
Chennai - 600 006.
3. The District Elementary Educational Officer,
Vellore.
4.The District and Elementary Educational Officer,
Timiri, Vellore. ... Appellants
Vs.
R.Ragu ... Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the Order
dated 18.04.2013 made in W.P.No.28878 of 2012.
For Appellants : Mr.K.Karthikeyan
Government Advocate.
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W.A.No.3265 of 2019
JUDGEMENT
(Order of the Court was delivered by S.MANIKUMAR, J) Challenge in this writ appeal is to the order of the writ court dated 18.04.2013 made in W.P.No.28878 of 2012, by which the writ court, among other writ petitions, allowed the writ petition of the respondent herein and directed the appellants herein/respondents to consider the claim of the writ petitioners for promotion and pass appropriate orders within a period of eight weeks from the date of receipt of the said order.
2. W.P. No.28878 of 2012, was filed for a writ of certiorarified mandamus, to call for the records relating to the order in Pro. Na. Ka.
No.12118/D1/2011 dated 13.9.2011 of the Director of School Education, Chennai, to quash the same insofar as it relates to para 22 and apply the same in the case of the writ petitioner and issue consequential directions to the respondents 2, 3 and 4 therein to promote the petitioner as Middle School Headmaster (B.T) pursuant to the inclusion of his name in the panel as on 1.1.2011 issued by the District and Elementary Educational Officer, Timiri, Vellore/4th respondent, for promotion as Middle School Headmaster in Timiri Panchayat Union, Vellore District and to promote her as such with retrospective effect from the date of promotion of her immediate junior and grant consequential benefits.
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3. Writ court, after adverting to the submission of both parties, passed a common order on 18.4.2013. Relevant portion of the order reads thus:
4. The particulars found in the above tabular statement would show that there is no dispute about the qualifications possessed by the petitioners for continuing in the post of Secondary Grade Teachers or Primary School Head Masters or Drawing Masters or Secondary Grade Head Masters. The only ground on which their claim for promotion to the next higher post is denied is that they did not undergo a Higher Secondary Course. As a matter of fact, some of these writ petitioners have undergone a Higher Secondary Course or a Foundation Course, after completing their degrees or post graduate degrees. But, de hors those courses undergone by them, they had also undergone a Diploma Course in Teacher Education of a duration of two years, before acquiring their degrees. The question as to whether this two year Diploma in Teacher Education can be considered as a valid substitute for a pass in the Higher Secondary Course, was considered by at least three learned Judges of this Court. The first such consideration was by K.Suguna, J, in W.P. Nos.25432 of 2011 etc. batch of cases, decided on 2.7.2012 in M.Valarmathi v. Government of Tamil Nadu. The second batch of cases was decided by S.Nagamuthu, J, in W.P. Nos. 23382 of 2012 etc. batch on 10.9.2012. The third batch was decided by K.Chandru, J. by his order dated 27.11.2012 in W.P. Nos.22484 of 2012 etc. batch.
5. In addition to the above, the Government had also http://www.judis.nic.in 3/16 W.A.No.3265 of 2019 come up with an order in G.O. Ms. No.242, Higher Education Department dated 18.12.2012, i.e., after the pronouncement of the orders of the three learned Judges, holding that a regular Diploma of a duration of three years obtained even in unrelated subjects could be considered as equivalent to a pass in Higher Secondary Course. Therefore, the petitioners are entitled to the claim that they have made.
6. In view of the above, these writ petitions are allowed and the respondents are directed to consider the claim of the petitioners for promotion and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. The respondents shall also verify the particulars of the qualifications secured by them, as indicated in the tabular statement. There shall be no order as to costs. Consequently, M.P. Nos.1 and 2 of 2012 and M.P. No.1 of 2013 are closed."
4. Correctness and validity of the said order is assailed on the following grounds:
i) Writ court ought to have appreciated that in G.O. Ms. No.107 Personnel and Administrative Reforms Department dated 18.8.2009 have ordered that degrees, P.G. degrees and diplomas, obtained after undergoing 10th standard and Higher Secondary Course, will be eligible for appointment/promotions in Public Service.
ii) Writ court could have seen that government have http://www.judis.nic.in 4/16 W.A.No.3265 of 2019 issued orders in G.O. Ms. No.242 Higher Education P1 department dated 18.12.2012.
iii) Writ court failed to consider that respondent acquired the following qualifications, 10th standard New pattern March' 1985, DTED July – 1987, B.A.(Tamil) May-1997 B.Ed October 1999 and Higher Secondary Course completed on September 2010 which are not to be considered in accordance with the order contained in G.O.Ms.No.107 P & AR dated 18.08.2009 and G.O.Ms.No.242 Hr.Edn.Dept.dt.18.12.2012.
iv) Respondent was suitably informed about the above said order and that he is not entitled for promotion to the next cadre, since his qualifications are not in the order as stated in the above said two Government orders stated supra.
v) The following persons are treated on par with those who have obtained the degree, after undergoing 10th standard, 12th standard course and then a 3 year Bachelor degree and eligible for appointment/promotion in public service.
(i) Degree obtained from colleges, Open University, Distance Education after undergoing 10th standard course and then 3 year diploma courses. (10+3+3).
(ii) Degree obtained from distance Education after undergoing the 11 standard course (Old S.S.L.C.) and then the two years Teachers diploma course. (11+2+3).
(iii) Degree obtained from distance Education after undergoing 10th standard, and then two year I.T.I. Course.
http://www.judis.nic.in 5/16 W.A.No.3265 of 2019 (10+2+3).
(iv) 10th standard course, three year diploma course and then two years degree course (Lateral Entry) 10+3+2).
vi) Writ Court ought to have seen that respondent/petitioner was not eligible for promotion in view of the fact that she had not undergone the course Higher Secondary course, before getting the degree, and the technical teachers diploma is not of two years duration.
vii) Writ Court ought to have considered the fact that in spite of repeated efforts, that it should be accepted that the State is not satisfied with the quality of education in the State of Tamil Nadu in order to bring national standard, Government have taken positive steps to lay special emphasis on teacher quality. Only teachers of high quality can shape of students of great quality. In spite of enormity of the task it is desirable to ensure that quality recruitment of teachers are not diluted at any case, because of the fact that the welfare of the students under instruction is paramount. The persons recruited as teachers should possess the essential aptitude and ability to meet the challenges of teaching at all the levels. The Government cannot make any compromise on the issue of quality of education.
viii) Writ Court ought to have seen that as observed by the Hon'ble Apex Court that the grant of equivalence and / or revocation of equivalence is an administrative decision which is in the sole discretion of the authority concerned and the Court has nothing to do with such matters.
ix) Writ Court ought to have considered that Court http://www.judis.nic.in 6/16 W.A.No.3265 of 2019 ought to have exercised Judicial restraint and should not interfere with the decisions of experts appointed by the Government unless they are against constitution or statutory provisions.
x) Writ Court failed to see that equailvent qualification is policy decision of the Government on the basis of the opinion obtained from expert body. Therefore the policy decision cannot be interfered by Court.
5. Heard Mr.K.Karthikeyan, learned Special Government Pleader (Education) and perused the materials available on record.
6. For brevity, translated version of G.O. (Ms) No.107 Personnel and Administrative Reforms (M) Department dated 18.8.2009, is extracted here under.
Government of Tamil Nadu Abstract Public Services - Eligibility of Equivalence Committee - Completion of Higher Secondary Level (+2), obtaining diploma/degree/Master degrees from Open Universities - Recognition to get appointment in public service - ordered - issued.
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Personnel and Administrative Reforms (M) Department G.O. (Ms). No.107 Date : 18.8.2009 Aavani 2, Thiruvalluvar Aandu 2040 Read :
1. G.O. (Ms). No.180, Personnel and Administrative Reforms Department dated 22.9.2000.
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2. Letter No.R.E.D./301-6/2004, dated 17.7.2004, from Chief General Manager, Tamil Nadu, BSNL Ltd.
3. D.O. letter No.1745/RND-F 1/2007 dated 5.4.2007 from the Secretary, Tamil Nadu Public Service Commission.
4. D.O. Letter No.5280/RND F.1/2007 dated 27.9.2007 from the Joint Secretary, Tamil Nadu Public Service Commission.
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ORDER :
In the Government Order, first read above, orders have been issued granting approval for employment in Public Services considering the degrees conferred by Open Universities in Tamil Nadu recognized by the University Grants Commission, in respect of Diploma course, Under-Graduate course and Post-Graduate course as equivalent to that of the Diploma course, Under-Graduate course and Post-Graduate course given by the said universities through Regular stream.
2. The Chief General Manager, BSNL Tamil Nadu Circle, in the letter second read above, has requested for clarification as to whether the persons who have obtained a degree in B.Sc., B.A., etc., through Open Universities without a pass in higher secondary examination (+2) shall be considered as having passed the higher secondary examination, for the post for which the minimum educational qualification is fixed as a pass in Higher Secondary Education and can be considered for the promotion posts in government departments.
3. The Secretary, Tamil Nadu Public Service Commission was requested to forward the recommendation made by Equivalence Committee on the aforesaid proposal. The Equivalence Committee recommended that the persons who have obtained B.Sc., B.A. degree in Open Universities without having passed the higher secondary school examination, cannot be considered either for employment or promotion in government service by considering them to have passed the +2 examinations of the State Government. Even when the said proposal was sent again for the recommendation of the Equivalence Committee, it insisted on the decision already taken.
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4. The Government carefully examined this recommendation and having decided to accept the recommendation of the Equivalence Committee issues an order recognizing the degrees in Diploma/Degree/Post-Graduate degree obtained through Open Universities only after having passed secondary school examination (10th Std.) and higher secondary school examination (+2) alone for appointment/promotion in Public Services.
// By Order of the Governor// K.N.Venkataraman Secretary to Government
7. G.O. (Ms) No.242 Higher Secondary Education (B1) Department dated 18.12.2012, is extracted here under:
jkpH;ehL muR RUf;fk;
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8. On the facts and circumstances of the case, it could be seen that the respondent completed 10th standard in the new pattern in 1985. Completed a 2 year Diploma in Teacher Education in 1987. Question whether a two year diploma course in Teacher Education is equivalent to a Higher Secondary course (2 years) has been considered by the decisions of this court in W.P. Nos.25432 of 2011 etc. batch of cases, decided on 2.7.2012 in M.Valarmathi v.
Government of Tamil Nadu. The second batch of cases was decided by Hon'ble http://www.judis.nic.in 11/16 W.A.No.3265 of 2019 Justice S.Nagamuthu, in W.P. Nos. 23382 of 2012 etc. batch on 10.9.2012. The third batch was decided by Hon'ble Justice K.Chandru, by his order dated 27.11.2012 in W.P. Nos.22484 of 2012 etc. batch.
9. No material has been placed before this court, as to whether the above judgments on identical facts, have been challenged. No materials have been placed before this court, as to whether facts considered by the writ court, and applied to the case on hand are different. In the said circumstances, can the writ court, be said to have applied the doctrine of equality to similarly placed persons without any discrimination, and if so, whether it is correct or not, reference can be made to the following decisions:
(i) In Prem Chand Somchand Shah v. Union of India reported in (1991) 2 SCC 48, the Hon'ble Supreme Court in paragraph 8 held thus, "8. As regards the right to equality guaranteed under Article 14 the position is well settled that the said right ensures equality amongst equals and its aim is to protect persons similarly placed against discriminatory treatment. It means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Conversely discrimination may result if persons dissimilarly situate are treated equally. Even amongst persons similarly situate differential treatment would be permissible between one class and the other. In that event it is necessary that the differential treatment should be founded on an intelligible differentia which http://www.judis.nic.in 12/16 W.A.No.3265 of 2019 distinguishes persons or things that are grouped together from others left out of the group and that differentia must have a rational relation to the object sought to be achieved by the statute in question."
(ii) In Govind Ram Purohit v. Jagjiwan Chandra reported in 1999 SCC (L & S) 788, at paragraph 3, the Hon'ble Suprme Court held thus:
"3. It was lastly contended by the learned counsel for the appellants that whereas the petition had been filed by only Respondent 1, the High Court while finally concluding the matter has given a direction to promote all those who were senior to the appellants even though they were not parties to the petition. Once the High Court had placed a particular interpretation on the Rules, the benefit of that interpretation had to go to all those who qualified under the seniority-cum- merit rule. There was no point in waiting for each and every person to file a petition. Therefore, we do not see any reason why we should entertain such a technical plea when the High Court has done substantial justice to all concerned."
(iii) In State of Karnataka v. N.Parameshwarappa reported in 2003 (12) SCC 192, the Hon'ble Supreme Court, at paragraph 8, held thus:
"8........ we do not find any reasonable justification to confine the relief to only such of the teachers who approached the court and having regard to the fact that relief related to the revision of scales of pay, every one of that class of teachers who approached would be entitled to the benefit, notwithstanding that they have not approached the court. We are in equal agreement with the Division Bench in denying the payment of http://www.judis.nic.in 13/16 W.A.No.3265 of 2019 interest at compounded rates which, in our view, cannot be justified at all on the facts and circumstances of the case wherein a serious and genuine doubt existed about the applicability of the government order dated 30-3-1990, as raised in the proceedings."
(iv) In State of U.P. v. Dayanand Chakrawarty reported in 2013 (8) Scale 74 : (2013) 7 SCC 595, the Hon'ble Supreme Court held that there cannot be any discrimination in treating equally placed persons on same footing, for all purposes.
(v) The Hon'ble Supreme Court in State of Uttar Pradesh and others v.
Arvind Kumar Srivastava and others reported in 2015 (1) SCC 347, wherein, the Apex Court dealt with the issue as to the entitlement of benefit of judgment in rem with an intention to benefit all similarly situated persons irrespective of whether they had approached the Court or not. It is held therein that when a particular set of employees is given relief by Court, all other identically situated persons should be treated alike by extending the same benefit, since not doing so would amount to discrimination and be violative of Article 14 of the Constitution of India.
10. Writ court has passed a just and reasoned order. In the light of the above judgment on Article 14 of the Constitution of India and considering the similarity of facts, we cannot say that the writ court has committed any error.
Hence we are of the view that the same deserves to be confirmed. http://www.judis.nic.in 14/16 W.A.No.3265 of 2019
11. Accordingly, the writ appeal is dismissed. However, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.
[S.M.K., J.] [D.K.K., J.] 24.09.2019 Index : No. Internet : Yes Speaking/Non-speaking order dpq To
1. The Government of Tamil Nadu, Rep. by the Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2. The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006.
3. The District Elementary Educational Officer, Vellore.
4.The District and Elementary Educational Officer, Timiri, Vellore.
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AND D. KRISHNAKUMAR, J.
dpq/asr W.A.No.3265 of 2019 and C.M.P. No.21218 of 2019 24.09.2019 http://www.judis.nic.in 16/16