@JUDGMENTTAG-ORDER
D. Hariparanthaman, J.@mdashWith the consent of both parties, the Writ Petition itself is taken up for final disposal, as the matter is squarely covered by various decisions of this Court. Heard both sides.
2. The petitioner is a Headmistress in Primary School in Jeyankondam Panchayat Union. Her next avenue of promotion is a Middle School Headmistress. She was denied promotion to the post of Middle School Headmistress, in view of the General Guidelines issued by the Director of Elementary Education in his proceedings dated 13.9.2011 and more particularly in paragraph 22.
3. The petitioner has questioned this proceedings dated 13.9.2011 of the Director of Elementary Education, and more particularly, paragraph 22. Paragraph 22 is extracted hereunder:
VERNACULAR (TAMIL) PORTION DELETED
4. The petitioner has passed SSLC during 1980. Thereafter, she obtained Diploma in Teacher Education in 1985. The Diploma in Teacher Education is a Two-years course. The petitioner passed B.Litt., (Tamil). A pass in Diploma in Teacher Education is not considered as a pass in +2. Since she did not pass +2 course, she was not considered for promotion to the post of Middle School Headmistress during 2011, while her juniors were promoted.
5. In fact, the aforesaid proceedings dated 13.9.2011 was quashed by this Court in an order dated 2.7.2012 in Writ Petition Nos. 25432 of 2011, 23898 of 2011 and 29057 of 2011 by this Court.
6. Following the aforesaid order, this Court also passed another order dated 18.10.2012 in W.P. No. 28451 of 2012. Paragraphs 3 to 5 of the judgment in W.P. No. 28451 of 2012 are extracted hereunder:
3. 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 B.T. Assistants. 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.
4. 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 B.T. Assistant.
5. 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 B.T. Assistant 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. Consequently, connected Miscellaneous Petition is also closed.
In view of the same, paragraph 22 of the impugned proceedings dated 13.9.2011 is quashed insofar as the petitioner is concerned and a direction is issued to the respondents to promote the petitioner as Middle School Headmistress from the date on which her immediate junior was promoted and pay the consequential benefits, within a period of eight weeks from the date of receipt of a copy of this order. No costs. The connected Miscellaneous Petition is closed.
