The petitioner has filed this writ petition seeking issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the first respondent in Na.Ka.No.36679/ D3/2008, dated 06.01.2009, to quash the same and to direct the respondents 2 and 3 to include the petitioner's name in the panel for the posts of Tamil Pandit and Middle School Headmaster of the 3rd respondent Union.
2. It is the case of the petitioner that he joined the services of the first respondent as Secondary Grade Teacher on 05.11.1986. On 01.12.2000, the petitioner was promoted as Elementary School Headmaster and has been working under respondents 2 and 3.
3. It is stated that after obtaining permission from the second respondent, the petitioner procured M.A.Tamil in the year 1996 and B.Lit. (Double Degree) in the year 2008 and according to him, his next promotion is to the post of Tamil Pandit or Middle School Headmaster.
4. The petitioner claims to have made a representation to the third respondent to include his name in the promotion panel for Tamil Pandit and Middle School Headmaster. However, by proceedings dated 16.04.2009, the third respondent informed that as per the proceedings of the first respondent dated 06.01.2009, the petitioner is not eligible to be promoted, as he had completed B.Lit. Degree in a dual degree method, without any three year U.G. Degree.
5. Assailing the said proceedings of the first respondent dated 06.01.2009, the present writ petition is filed.
6. The learned counsel appearing on behalf of the petitioner submitted that the government vide G.O.Ms.No.1383, Education (PUS-I) Department, dated 23.08.1988 prescribed educational qualification for the post of Tamil Pandi and Middle School Headmaster as D.T.Ed. and B.Lit., and non consideration of the said government order, which has a statutory force and is binding, and consideration of subsequent proceedings dated 06.01.2009 is ex-facie illegal.
7. The learned Additional Government Pleader appearing on behalf of the respondents submitted that inasmuch the petitioner has not acquired Three Year U.G. Degree, his name was not included in the panel for promotion to the post of Tamil Pandit and Middle School Headmaster. He further submitted that the proceedings dated 06.01.2009 had been issued by the first respondent only to streamline the education standard and, therefore, no interference by this Court is warranted.
8. I heard Mr.N.C.Ashok Kumar, learned counsel for the petitioner and Mr.K.Guru, learned Additional Government Pleader for the respondents and perused the documents available on record.
9. At the outset, it is to be noted that at the time of admission of this writ petition, i.e.. on 20.05.2009, this Court has granted interim stay of the proceedings dated 16.04.2009 and the same holds good even as on date. It only shows that the respondent authorities have never acted in furtherance of the impugned proceedings.
10. A reading of G.O.Ms.No.1383, Education (PUS-I) Department, dated 23.08.1988, shows that one of the qualifications prescribed for appointment to the post of Language Pandit (Tamil) and Language Pandit Grade (Other Tamil) is as under:
?2. B.T. or B.Ed. Degree of any University in the State or a trained Teacher Certificate of the Secondary Grade of Senior Basic Grade Trained Teacher Certificate or Successful completion of the Pandits training course or Diploma in Teaching awarded by any university in the State.?
11. It is also beyond any cavil that the petitioner pursued his higher studies only after obtaining prior permission from the authorities. It is the specific case of the petitioner that all the Elementary School Headmasters who have completed Diploma in Teacher Education and B.Lit. are eligible to be promoted as Tamil Pandit or Middle School Headmaster and the same is not refuted by the respondents either across the bar or through counter.
12. That apart, but for citing the proceedings dated 06.01.2009 as ground for rejection of the claim of the petitioner for inclusion of his name in the promotion panel, no other reason has been assigned as to the non application of the earlier government order dated 23.08.1988.
13. Considering the overall conspectus of the matter and more particularly the fact that the respondents have never acted upon based on the impugned proceedings by virtue of the order of interim stay granted by this Court, the following order is passed:
(a) The writ petition is allowed and the impugned proceedings in Na.Ka.No.36679/D3/2008, dated 06.01.2009 is set aside;
(b) The petitioner is hereby directed to give fresh representation to the respondents within a period of 15 days from the date of receipt of a copy of this order, by narrating the entire facts;
(c) On receipt of the said representation, the respondents 2 and 3 are directed to consider the petitioner's representation, by giving an opportunity of personal hearing and to pass necessary orders for including the petitioner's name in the panel for the posts of Tamil Pandit and Middle School Headmaster of the third respondent Union.
(d) The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
(e) No costs. Consequently, W.P.M.P(MD)Nos.2 and 3 of 2009 and M.P.(MD) No.4 of 2009 are closed.
To
1.The Director of Elementary Education, Chennai.
2.The District Elementary Educational Officer, Virudhunagar.
3.The Additional Assistant Elementary Educational, Officer, Rajapalayam Union, Virudhunagar District.
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