A. DHARMARAJ Vs. CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI
LAWS(SC)-2022-2-69
SUPREME COURT OF INDIA
Decided on February 18,2022

A. DHARMARAJ Appellant
VERSUS
Chief Educational Officer, Pudukkottai Respondents

JUDGEMENT

M.R.SHAH,J. - (1.)Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 26.09.2019 passed by the Division Bench of the High Court of Judicature at Madras at Madurai in Writ Appeal (MD) No.834 of 2018 by which the Division Bench of the High Court had dismissed the said appeal preferred by the appellant herein and has confirmed the judgment and order passed by the learned Single Judge quashing and setting aside the promotion of the appellant to the post of B.T. Assistant (English), the original appellant before the High Court has preferred the present appeal.
(2.)The appellant herein was promoted to the post of B.T. Assistant (English) vide order of promotion dated 06.08.2016. Prior thereto the appellant was granted the permission to pursue his B.A. (English) under distance education during January, 2012 to December, 2014. He pursued his distance education in B.A. (English) and successfully completed the same in the month of December, 2014. When the appellant was pursuing his education in B.A. (English), the appellant was granted permission to pursue M.A. (Tamil) which was a two year distance education course between the Academic Years 2013­2015. He appeared in the examination for M.A. (Tamil) in May, 2014 and May, 2015 and successfully completed the same. That thereafter the Respondent no.5 herein challenged the promotion of the appellant and others vide Writ Petition No. 15019 of 2016 on the ground that by obtaining two degrees simultenously the appellant has rendered himself ineligible as the appellant did not fulfil the eligibility criteria. Rule 14 was pressed into service which provided that "the teachers who have obtained B.A./B.Sc and B.Ed., during the same academic year shall not be eligible for recommendations€. The petition was opposed by the appellant and another. It was the case on behalf of the appellant before the learned Single Judge that Rule 14 cannot be applicable to the facts of the case on hand, as the appellant pursued B.A. (English) and M.A. (Tamil) in different academic years. It was submitted that only in a case where B.A./B.Sc/B.Ed. degrees are obtained in the same academic year the same is not permissible. By the impugned judgment and order dated 23.03.2018, the learned Single Judge allowed the said writ petition and set aside the promotion of the appellant to the post of B.T. Assistant (English).
2.1 The appellant preferred a writ appeal before the Division Bench of the High Court. By the impugned Judgment and Order, the High Court has dismissed the said appeal and has not interfered with the impugned judgment and order passed by the learned Single Judge, setting aside the promotion of the appellant to the post of B.T. Assistant (English).

(3.)Though served nobody has appeared on behalf of the contesting respondents more particularly original writ petitioners.
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