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Judgment
D. Hariparanthaman, J.—The petitioner is working as Middle School Headmaster in Sivakasi. He passed 10th Standard. Thereafter, he had
passed Diploma in Teacher Education for two years and also obtained a degree. In view of the same, according to him, he is entitled to be
considered for promotion to the post of Assistant Elementary Educational Officer. In view of the proceedings in Na. Ka. No. 04404/E1/2012
dated 05.06.2012 of the second respondent, the petitioner and other similarly situated persons like the petitioner, were not considered for
promotion to the post of Assistant Elementary Educational Officer. As per the impugned proceedings, one should have got a degree in 10+2+3
stream. Obtaining of Diploma in Teacher Education by undergoing two years course is not recognised as 10+2+3 stream. The persons similarly
situated like the petitioner approached this Court and the aforesaid proceedings dated 5.6.2012 of the second respondent was quashed on
30.10.2012 in W.P. No. 29138 of 2012. The petitioner has filed this Writ Petition to quash the aforesaid proceedings dated 5.6.2012 of the
second respondent and to give him promotion to the post of Assistant Elementary Educational Officer.
With the consent of the learned counsel on both sides, the Writ Petition itself is taken up for final disposal as the issue raised in the Writ Petition
lies in narrow compass.
Heard both sides.
As rightly contended by the learned counsel for the petitioner, this Court in W.P. No. 29138 of 2012 has quashed the proceedings dated
5.6.2012 and issued direction to the authorities to consider the case of the petitioner therein for promotion to the post of Assistant Elementary
Educational Officer. Paragraphs 3 to 5 of the said judgment is extracted hereunder:
The learned Counsel for the petitioner would submit that the petitioner has been rejected relying on the letter of the Director of School
Education in Na. Ka. No. 12118/T1/2011 dated 13.9.2011 wherein it is clarified that those candidates who have not studied +2 course before
degree course are not eligible for appointment as Middle School Headmaster. The said question came up for consideration before this Court in a
batch of Writ Petitions in 25432 of 2001 and etc. batch wherein this Court has held that a diploma in Teacher Education is equivalent to the +2
course. On such findings, this Court has directed to consider those petitioners for promotion. The petitioner herein also stands on the same
footings.
In my considered opinion, the petitioner has got diploma in Teacher Education. This course was undergone by him before joining the degree
course. Therefore, he is entitled for promotion to the post of Assistant Elementary Educational Officer.
In such view of the matter, the Writ Petition is allowed with a direction to the respondents to consider the name of the petitioner for promotion
to the post of Assistant Elementary Educational Officer by treating the Diploma in Teacher Education equivalent to +2 course, provided, he
otherwise satisfies the legal requirements and qualifications. In any event, the said exercise shall be completed, within a period of eight weeks from
the date of receipt of a copy of this Order. No costs.
This Writ Petition is allowed in terms of the order dated 30.10.2012 in W.P. NO. 29138 of 2012. The respondents are directed to consider the
name of the petitioner for promotion to the post of Assistant Elementary Educational Officer by treating the Diploma in Teacher Education
equivalent to +2 course, provided, he otherwise satisfies the legal requirements and qualifications. Such exercise shall be completed, within a
period of eight weeks from the date of receipt of a copy of this Order. No costs.