The petitioner has filed this writ petition for the issuance of Writ of Certiorarified Mandamus to call for the records resolution relating to the item No.84 of Syndicate Meeting dated 17.03.2010 and subsequent Resolution in item No.18 dated 25.09.2010 passed by the 3rd respondent and quash the same as illegal and subsequently direct the 2nd respondent to promote the petitioner from the post of Assistant to Superintendent.
2.The case of the petitioner is that he was appointed as Clerk on 26.07.2005 in Madurai Kamarajar University and his service as Clerk was regularized on 14.11.2005. Thereafter the petitioner was promoted as Assistant on 17.04.2009 and his next promotion will be Superintendent. The petitioner?s further case is that he completed a pre-foundation course in the Month of April 1984 and foundation course through Open University System from Madurai Kamarajar University. The petitioner also did his graduate and post graduate through Open University. The pre-foundation course is equivalent to Higher Secondary Course and the degrees obtained through Open University is also recognized by the Government. The Government of Tamil Nadu has considered the pre-foundation course, foundation course and degrees studied through Open University System in G.O.Ms.No.528 Personnel and Administrative Reforms (PER.R) Department dated 18.05.1985 wherein the Government after careful consideration, has recognized the Pre-Foundation Course of Madurai Kamarajar University as equivalent to S.S.L.C of the Tamil Nadu government for the purpose of entry into Public Services in the state. The Government also directed that 2 years Foundation Course of the Madurai Kamarajar University be recognized as equivalent to Higher Secondary Course of Tamil Nadu Government for the purpose of entry into Public Service in the state. The syndicate of Madurai Kamarajar University has recognized the degrees obtain through Open University in view of G.O.Ms.No.107 dated 18.08.2009 through the resolution dated 19.12.2009. Thereafter, the syndicate has sought for clarification regarding the degree obtained through Open University. For the said clarification, the syndicate committee, the 3rd respondent herein passed a resolution on 25.09.2010 saying that promotion for the existing non- graduate Clerks with S.S.L.C up to the cadre of senior superintendent alone is acceptable.
3.The further case of the petitioner is that the promotion slap runs from the post of Clerk, Assistant, Superintendent, Assistant Registrar, Deputy Registrar and Senior Deputy Registrar. The petitioner is under the bonafide belief that he is entitled to get all the above mentioned promotion post as per G.O.Ms.528 dated 18.05.1985, but as per the resolution of the 3rd respondent dated 25.09.2010, the petitioner would get promotion only up to the post of senior superintendent. The petitioner and 15 others filed another writ petition in W.P.No.3737 of 2012 challenging one another resolution of the syndicate resolving not to promote them due to the pendency of the Hon?ble Justice Sampath Committee in respect of investigation of their appointment. In the said writ petition an interim injunction was granted not to promote their juniors.
4.The petitioner?s main contention is that when the Government of Tamil Nadu passed an order in G.O.Ms.No.528 Personnel and Administrative Reforms (PER.R) Department dated 18.05.1985 and the relevant portion of the G.O. is extracted hereunder for the better appreciation of this case.
?The Registrar, Madurai Kamaraj University, Madurai in his letter first read above has requested the Government to recognize the First Year Foundation course of the Open University System conducted by the above University as equivalent to the old 11 years S.S.L.C / Matriculation examination and the Second Year Foundation Course as equivalent to Pre- University Course / 12 year Higher Secondary Examination for purpose of employment in public service in this state.
5.The commission is also of the view that a pass in the Pre-Foundation Course of the Madurai Kamaraj University-Open University may be recognized as equivalent to a pass in the 10 years S.S.L.C Public Examination of Tamil Nadu Government for purpose of employment into public services in this state?.
5.Further the Government in G.O.Ms.No.107 dated 18.08.2009 recognized the degrees obtained through Open University is acceptable and the same can be taken into consideration for appointment and promotion in Public Employment. Therefore the 3rd respondent?s syndicate resolution to item No.84 dated 17.03.2010 and subsequent resolution in item No.18 dated 25.09.2010 are arbitrary and illegal. Hence the petitioner has come up with the present writ petition to quash the above said resolution and promote the petitioner from the post of Assistant to Superintendent.
6.The petitioner has filed an additional typed set off papers. In the additional typed set off papers, the petitioner has produced certain proceedings of the University Grant Commission. This court has perused the additional typed set of papers filed by the petitioner. Almost in all the documents of the University Grant Commission, it has reiterated the importance of Open University System in India and a greater role played by the Open Universities in all over the country. In one of the letter of University Grant Commission dated 14.10.2013 addressed to the Registrar / Director of all the Indian Universities wherein, it is stated that the equivalence of degrees awarded by Open and Distance Institutions at par with conventional Universities / Institutions. It is useful to refer paragraph 5 of the said letter which is reads as follows:
?As you are aware, the Government of India has envisaged a greater role for the Open and the Distance Education System. The envisioned role may be fulfilled by recognizing and treating the Degrees / Diplomas /Certificates awarded through distance mode at par with the degrees obtained through the formal system of education. Open and Distance Education System in the country is contributing a lot in expansion of Higher Education and for achieving target of GER, without compromising on quality. Non recognition/ non equivalence of degrees of ODL instructions for the purpose of promotion/ employment and pursuing higher education may prove a deterrent to many learners and will ultimately defeat the purpose of Open and Distance Education?.
7.I heard Mr.R.Murali, learned counsel appearing for the petitioner and Mr.K.Guru, learned Additional Government Pleader, appearing for the 1st respondent and Mr.R.M.Makesh Kumaravel, learned counsel appearing for the respondents 2 and 3 and gone through the affidavit, reply affidavit, typed set and additional typed set off papers filed by the petitioner and also the typed set off papers filed by the 2nd respondent. I have also considered the rival submissions on either side. It is seen from the records that the petitioner has completed his Pre-Foundation, Foundation course and degrees through Open University attached with Madurai Kamarajar University. The Pre- Foundation, Foundation course was recognized by the government and the same are given equivalent status of S.S.L.C, & H.S.C by issuing government order in G.O.Ms.No.528 Personnel and Administrative Reforms (PER.R) Department dated 18.05.1985. A perusal of the said government order clearly shows that those who have studied Pre-Foundation, Foundation course through Open University system are recognized as equivalent to S.S.L.C., H.S.C. courses of Tamil Nadu Government for the purpose of getting Government Employment. Therefore, the Government has recognized the studies of Foundation course through Open University and they are entitled to get Government appointment by virtue of the said government order.
8.This Court has considered the next point canvassed by the Learned Counsel for the petitioner. The petitioner is entitled to get promotion up to the post of Senior Deputy Registrar. At present the petitioner is working as Assistant and his next promotion is to the post of Superintendent. While so, by virtue of the syndicate resolution dated 17.03.2010 and 25.09.2010 for the existing clerks who are non-graduates are entitled to get promotion up to the cadre of Senior Superintendent. This court is not able to accept the above said resolution adopted by the syndicate and the said resolutions cannot be sustained under law for the reason that when the Government of Tamil Nadu after careful consideration of the case of the persons those who have completed their studies of Pre-Foundation course, Foundation courses and degree through Open University system be recognized as equivalent to S.S.L.C.,H.S.C., and further the Government of Tamil Nadu has clearly stated in the above said G.O.Ms.No: 528 Personnel and Administrative Reforms (PER.R) Department dated 18.05.1985 that the above said candidates are entitled to get Employment in Public Services. Apart from that, this court could able to see the important of the courses offered by Open Universities and the important role played by the Open and Distance Educational System. In this regard, this court has closely perused the letter of the University Grand Commission, New Delhi, wherein this court could able to see that the establishment of Open Universities in the country by an Act of Parliament or State Legislation in accordance with the provisions of University Grand Commission Act 1956 and therefore the students who have studied their graduates and post graduates have to be treated and their degrees have to be recognized for getting Government Employment.
9.The learned Counsel for the 2nd respondent has placed reliance of the unreported Judgment in the case of T.L.Muthukumar and others ?vs- The Registrar General, High Court, Madras and another contented that the Division Bench of this Hon?ble Court has held in the said judgment that ?the rule does not recognize B.A or B.B.A degree from an Open University obtained by a candidate without having the basic +2 qualification.?
With great respect to the Hon?ble Division Bench Judgment referred above, I am deferring from the said Judgment for the reason that the said Judgment is dealt with the service conditions of High Court Employees which is purely covered under the High Court Service Rules and therefore the said Judgment will have no application to the fact of present case on hand.
10.In this case, as discussed above, the petitioner?s qualification has been recognized by the Government of Tamil Nadu as per G.O.Ms.No.528 Personnel and Administrative Reforms (PER.R) Department dated 18.05.1985. As per the promotion slaps the next promotion to the post of Clerk is Assistant, Superintendent, Assistant Registrar, Deputy Registrar and Senior Deputy Registrar. The respondent University and its syndicate committee have no legal right or statutory power to modify the promotions slaps. The 2nd respondent University has not pointed out any acceptable reason or the syndicate?s power not to give promotion to the Clerk. In the present case, the petitioner herein is entitled to get promotion only up to the cadre of Senior Superintendent.
11.In view of the foregoing reason, this court has no hesitation to hold that the resolution of the syndicate committee dated 17.03.2010 and 25.09.2010 is arbitrary and illegal and the same is liable to be quashed.
12.In the result:
a) this writ petition is allowed, by setting aside the impugned orders in relating to the Item No.84 of Syndicate Meeting dated 17.03.2010 and subsequent Resolution in Item No.18 dated 25.09.2010 passed by the 3rd Respondent;
b) the respondents 2 and 3 are hereby directed to promote the petitioner as Superintendent from the post of Assistant and pay back all services and monetary benefits in the cadre of promotion post of Superintendent;
c) the said exercise shall be done by the respondents 2 and 3, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Principal Secretary to the Government, Higher Education Department, Government of Tamil Nadu, Secretariat, Chennai-9.
2.The Registrar, Madurai Kamaraj University, Madurai.
3.Syndicate Committee, Madurai Kamaraj University, Madurai.
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