Madras High Court
R.Srinivasan vs The Director Of Elementary Education on 16 August, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
WP No.37899 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-08-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.37899 of 2015
And
MP No.1 of 2015
And
WMP No.32535 of 2016
R.Srinivasan .. Petitioner
vs.
1.The Director of Elementary Education,
College Road,
Chennai – 6.
2.The District Elementary Education Officer,
Dharmapuri District.
3.The Assistant Elementary Education Officer,
Nallampalli,
Dharmapuri District.
4.R.Saravanan
(R-4 impleaded vide order of Court dated
12.06.2018 made in WMP No.28063 of 2016
in WP No.37899 of 2015)
1/20
https://www.mhc.tn.gov.in/judis
WP No.37899 of 2015
5.The Registrar,
Periyar University,
Salem.
(R-5 suo motu impleaded vide order of
Court dated 19.07.2018 in
WP No.37899 of 2015) .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for
the entire records connected with the impugned order passed by the third
respondent vide Na.Ka.No.543/A1/2015, dated 23.11.2015 and quash the
same and direct the respondents 1 to 3 to allow the petitioner to join as B.T.
Assistant (Science), notionally, with all consequential benefits, on the basis
of the order passed by the second respondent vide order in Na.Ka.No.1441/
A4/2014 dated 18.06.2014, in Nallampalli Union.
For Petitioner : Mr.S.N.Ravichandran
For Respondents-1 to 3 : Mr.A.M.Ayyadurai,
Government Advocate.
For Respondent-4 : Mr.D.Baskar
For Respondent-5 : Ms.H.Mary Sowmi Rexi
ORDER
The order passed by the third respondent dated 23.11.2015, not 2/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 permitting the writ petitioner to join as B.T. Assistant (Science), is under challenge in the present writ petition. Further direction is sought for the settlement of all consequential benefits pursuant to the promotion granted to the writ petitioner.
2. The petitioner states that he was initially appointed as Secondary Grade Teacher on 23.03.2005 based on his Employment Exchange seniority. He was posted at Panchayat Union Primary School, Thirumalvadi, Pallakodu Union. The petitioner states that he studied B.Lit. (Tamil) through Correspondence Course at Annamalai University and passed the said Course in May 2007. Thereafter, he joined First Year B.Sc., (Botany) through Correspondence Course at Periyar University, Salem during the academic year 2008-2009. The petitioner has not appeared for the practical test conducted for B.Sc., (Botany) Course in November 2009 and the same was conducted in May 2010. The petitioner further states that he joined in B.Ed. Course in Indira Gandhi Open University during the academic year 2010-2011 and passed the said B.Ed., Course in December 2011. He rejoined Second Year B.Sc., Course during the academic year 3/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 2011-2012 and paid the penalty amount and completed the B.Sc. Course in July 2013. The said educational qualifications were recorded by the third respondent in his Service Records.
3. The grievance of the writ petitioner is that his name was included in the panel for promotion to the post of B.T. Assistant as on 01.01.2014 and he was promoted to the said post by the District Elementary Education Officer in proceedings dated 18.06.2014. However, the Assistant Elementary Education Officer passed the impugned order in proceedings dated 23.11.2015, not permitting the petitioner to join in the promotional post of B.T. Assistant (Science) on the ground that the petitioner has completed B.Sc., (Botany) Course and B.Ed., Course during the same academic year. Thus the double degree obtained during the same academic year, cannot be considered as a valid degree for the purpose of promotion under the Rules.
4. The learned counsel for the petitioner contended that the degree possessed by the petitioner cannot fall under the definition of 4/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 'Double Degree' as he studied B.Sc., First Year Course and discontinued the same and thereafter completed B.Ed., Course and rejoined in B.Sc., (Botany) Course. Thus it is to be treated as different degree for all purposes and the promotion granted is in order. The petitioner must be permitted to join duty and continued in the said post.
5. The learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court of India in the case of A.Dharmaraj vs. The Chief Educational Officer, Pudukkottai and Others [In Civil Appeal No.1301 of 2022 judgment pronounced on 18.02.2022].
6. Relying on the said judgment, granting the relief in favour of the employee, the learned counsel for the petitioner reiterated that in the present case also the degree of B.Sc., (Botany) and B.Ed., Degree Courses acquired by the writ petitioner is to be validated for the purpose of grant of promotion to the post of B.T. Assistant (Science).
7. The learned Government Advocate appearing on behalf of 5/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 the respondents-1 to 3 objected the contentions raised on behalf of the petitioner by stating that the petitioner is not qualified for promotion to the post of B.T. Assistant (Science). The petitioner secured admission for B.Sc., (Botany) Course during the academic year 2008-2009 and therefore, the Three Years Course of B.Sc., (Botany) must be completed within the academic years i.e., 2008-2009, 2009-2010 and 2010-2011 (three years). However, the petitioner during the said academic year, passed B.Ed., Course in the academic year 2010-2011. Therefore, the petitioner has altogether completed Three Years Course of B.Sc., (Botany) and Two Years Course of B.Ed., Degree during the academic years 2008-2009 to 2010-2011. When the petitioner acquired two different degrees during the same academic year, the Authorities Competent arrived a conclusion that the petitioner has not undergone the regular pattern of education as contemplated under the UGC Regulations and therefore, the promotion order issued by the District Elementary Education Officer, cannot be acted upon.
8. The details of the educational qualification of B.Sc., (Botany) and B.Ed., degree obtained by the writ petitioner are as under:- 6/20
https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 Sl. Course Subject Duration of the years Years of University No. passing Name
1. B.Sc. Botany 2008-2009 to 2010- I year passing Periyar 2011 (3 Years Course) (November University, 2009) Salem
2. B.Ed. 2010-2011 (Two Course Indira Years Course) completed in Gandhi December, National 2011 Open University
3. B.Sc. Botany 2008-2009 to 2010- II Year Periyar 2011 (3 Years Course) Passing University, (November, Salem 2012)
4. B.Sc. Botany 2008-2009 to 2010- III Year Periyar 2011 (3 Years Course) Passing (July University 2013)
9. It is clearly seen that the B.Sc., Degree Course consists of three years i.e., 2008-2009, 2009-2010 and 2010-2011. But the petitioner has doing the B.Ed., Course in the same academic year 2010-2011 (I Year – 01.01.2010 to 31.12.2010 and II Year – 01.01.2011 to 31.12.2011). Hence, the petitioner has studied two different degrees, simultaneously in the same academic year 2010-2011. Therefore, the petitioner has studied two different degree simultaneously in the same academic year i.., 2010-2011. Thus, the degree of B.Sc. (Science) and B.Ed. Course possessed by the petitioner could not be considered for promotion to the post of B.T. 7/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 Assistant (Science).
10. The respondents 1 to 3 have stated that the petitioner has obtained prior permission for admission to B.Sc., Degree Three Years Course (2008-2009 to 2010-2011 from the Assistant Elementary Education Officer, Nallampalli vide proceedings dated 02.01.2009. The petitioner has hide the abovesaid permission and applied for B.Ed., Two Years Course (01.01.2010 to 31.12.2011) permission to the Assistant Elementary Education Officer, Nallampalli and the same was granted to the petitioner vide proceedings dated 03.10.2010. It is contended by respondents 1 to 3 that the petitioner hide the fact to the Department and obtained two permission for B.Sc., and B.Ed., Courses in the same academic year. It was done intentionally for his own benefit and therefore, the said B.Sc., (Botany) and B.Ed., qualifications could not be considered for promotion to the cadre of B.T. Assistant (Science).
11. The University Grants Commission issued a public notice in F.No.1-6/2007 (CPP-II) dated 15.01.2016 stating that 'The Commission 8/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 has sought the comments of the Statutory Councils. The responses so far received do not endorse the idea of allowing the students to pursue the two degrees simultaneously. Therefore, the Universities shall conduct their programmes in accordance with the First Degree and Master Degree Regulations-2003 prescribed by the UGC and also follow the norms and parameters prescribed by the Statutory Council concerned, wherever relevant'. With reference to the above, a person cannot pursue two Degree Courses at a time.
12. The learned Government Advocate, appearing on behalf of the respondents 1 to 3, relied on the judgment of Madurai Bench of this Court passed in WP (MD) No.13488 of 2014 dated 09.07.2019 in the case of Meenakumari vs. The State of Tamil Nadu and the relevant paragraphs 15 and 16 of the said judgment read as under:-
“15. Assessment of suitability is also the criteria to be followed while undertaking the process of selection. While considering the suitability of a candidate, the manner in which the degrees are obtained by such candidates are also 9/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 to be scrutinized. The candidates, who had undergone the regular classes will be the better persons to handle the classes in schools and colleges. Thus, the candidates, who studied in regular courses in accordance with the pattern of education prescribed by the University Grants Commission alone must be the eligible candidates with reference to the rules for appointment to the teaching post in schools and colleges. This being the principles to be followed this Court is of the considered opinion that the writ petitioner admittedly had secured admission for two courses in the same academic year namely B.Ed., course as well as M.Sc.,(Geography) course. The admission was secured during the academic year 2008-2009 more specifically, in June 2008. This being the factum, it is made clear that the writ petitioner has secured simultaneous degree which is not a valid qualification for the purpose of securing appointment to the post of Graduate Assistant.
16. Under these circumstances, this Court has no hesitation in coming to the conclusion that the decision taken by the respondents are in 10/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 consonance with the legal principles settled and accordingly, the Writ Petition is devoid of merits and dismissed. No costs. Consequently, connected miscellaneous petitions are closed.” According to the University Grants Commission instructions and the judgment of Madurai Bench of this Court, a person cannot pursue two Degree Courses simultaneously. Accordingly, the writ petitioner's Third Year B.Sc., (Botany) and B.Ed., Degree, which were studied simultaneously in the academic year 2010-2011 could not be considered as valid for giving promotion to the post of B.T. Assistant (Science).
13. Considering the contention raised on behalf of the petitioner, the judgment of the Hon'ble Supreme Court of India in the case of A.Dharmaraj, cited supra, has no direct application with reference to the facts and circumstances of the case on hand. In the said case, the Supreme Court has made a finding that “in the present case, it cannot be said that the appellant obtained the degree of B.A. (English) and M.A. (Tamil) during the same academic year. The appellant pursued his B.A. (English) during January, 2012 to December, 2014. He pursued his M.A. (Tamil), which was 11/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 a Two Year Distance Education Course between the academic years 2013- 2014 to 2014-2015. Therefore, as such Rule 14 is not applicable to the facts of the case on hand".
14. Perusal of the above facts in respect of the case before the Supreme Court, it is clear that the appellant therein, had not acquired two different degrees during the same academic year. Thus, the facts are incomparable and the reliance placed by the petitioner is of no avail to consider the relief in the present writ petition.
15. It cannot be disputed that the petitioner secured admission for B.Sc., (Botany) Course during the academic year 2008-2009 and pursued the Three Years Course. During the said academic year, he passed B.A. Degree also in 2010-2011. Thus, it is made clear that during the three years academic course for B.Sc., (Botany) degree, the petitioner secured two years B.Ed., degree also. Ultimately, the Five Years Course for acquiring the two different degrees are undergone within a period of three academic years and therefore, for all purposes, it is to be construed that the petitioner 12/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 acquired two degrees are in three academic years, which is impermissible as per the Regulations issued by the University Grants Commission.
16. Teaching is a noble profession. Under the Right to Information Act, it is reiterated that free education to children is a Fundamental Right enunciated under the Constitution. The Hon'ble Supreme Court of India in many judgments have reiterated that the standard of education is to be maintained in all Educational Institutions in a uniform manner. While dealing with the issues on right of appointment by the Management of Minority Institutions, the Supreme Court in unequivocal terms held that there cannot be any compromise in the matter of maintenance of uniform standards in imparting education and therefore, the State is expected to be consistent in the matter of prescription of educational qualifications and the mode of degrees secured by the candidates, who all are participating in the process of selection for appointment to the post of Teachers in Education Department.
17. The Teacher has to take classes and teaching is an art and 13/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 the candidates, who acquired the degrees through Open University System and in Correspondence System and have not even attended the class rooms, were considered as qualified for teaching profession and the said policy is to be revisited by the Government. The candidates who have undergone the Regular Courses in Educational Institutions, no doubt would be in a better position to impart education as they would have gained the class room experience by attending the schools and colleges. However, it is painful to record that thousands of Teachers are appointed despite the fact that they have undergone the Degree Courses through Open University or Correspondence Courses and such Courses are conducted by the Universities without following the required standards as contemplated to undergo the Regular Courses through institutions. Therefore, those degrees obtained through Correspondence Courses may be considered as a valid degree for appointments in other Government Departments and other Institutions, but not for appointment to the post of Teacher.
18. As far as the Educational Institutions are concerned, verification of such degrees are of paramount importance, as the educational 14/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 qualifications directly have implications with reference to imparting education to the children. Therefore, the candidates, who have studied Regular Courses through Institutions and by attending regular classes, must be considered for appointment to the teaching posts. The candidates, who have studied in Correspondence Courses, may be considered for appointment to Non-Teaching posts and in other Departments. A distinction in this regard is essential, as the teaching, being linked with the qualifications and the subjects studied by the Teacher, the Government has to draw a distinction between the validity of the degrees obtained through Correspondence Courses and through regular mode of education by attending the classes in the institutions.
19. As far as the case on hand is concerned, the petitioner studied B.Sc., (Botany) during the academic years 2008-2009 to 2010-2011. Within the said academic years, he studied two years B.Ed., Course and passed the B.Ed., Course in the year 2011. Therefore, he acquired two different degrees of B.Sc., (Botany) and B.Ed., Course during the very same academic year and thus the degree possessed by the petitioner, cannot be 15/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 construed as a valid degree for the purpose of grant of promotion to the post of B.T. Assistant (Science), as the requisite qualification prescribed for promotion to the post of B.T. Assistant (Science) is B.Sc., (Botany) and B.Ed., Course.
20. The promotion order has been passed pursuant to the panel prepared by the District Elementary Education Officer. The Assistant Elementary Education Officer, who has granted permission to the petitioner, verified the qualifications and found that the petitioner did not possess the requisite educational qualifications and accordingly passed an order and informed the same to the District Elementary Education Officer. At that point of time, the writ petitioner has filed the present writ petition and therefore, the respondents 1 to 3 have not passed any further suitable orders, cancelling the promotion, as there was an interim stay granted in the present writ petition.
21. The learned counsel for the fourth respondent made a submission that on account of the interim stay granted in the present writ 16/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 petition, the promotion opportunity of the fourth respondent also has been denied for the post of B.T. Assistant (Science). However, such promotions are to be considered based on the seniority and by preparing the panel of persons, who all are eligible for promotion to the post of B.T. Assistant (Science). Thus, no further consideration is required in respect of promotion to the post of B.T. Assistant (Science) as far as the fourth respondent is concerned.
22. In view of the fact that the petitioner could not establish that he possessed the requisite educational qualifications of B.Sc., (Botany) and B.Ed and the degrees of B.Sc., (Botany) and B.Ed., obtained by the writ petitioner during the same academic year, is in violation of the UGC Regulations and cannot be construed as a valid degree for the purpose of grant of promotion to the post of B.T. Assistant (Science). Thus, the order impugned cannot be construed as infirm and in fact pursuant to the orders passed by the Assistant Elementary Education Officer, the second respondent has to cancel the promotion order as the petitioner did not possess the requisite qualifications of B.Sc., (Botany) and B.Ed., as per the 17/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 Rules.
23. Thus the writ petition is devoid of merits and stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.
16-08-2022 Index : Yes/No. Internet : Yes/No. Speaking Order/Non-Speaking Order.
Svn 18/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 To
1.The Director of Elementary Education, College Road, Chennai – 6.
2.The District Elementary Education Officer, Dharmapuri District.
3.The Assistant Elementary Education Officer, Nallampalli, Dharmapuri District.
4.The Registrar, Periyar University, Salem.
19/20 https://www.mhc.tn.gov.in/judis WP No.37899 of 2015 S.M.SUBRAMANIAM, J.
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