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Madras High CourtWP/26695/2011dismissed

S.Rajendran v. The Director Of School

2023-08-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and M.P.Nos.1 & 2 of 2011 S.Rajendran ....

Petitioner Vs

1. The Director of School Education, Chennai - 600 006.

2. The Joint Director of School Education, (Personnel), O/o.Director of School Education, Chennai - 600 006.

3. The Chief Educational Officer, Tiruvarur.

4. The District Educational Officer, Tiruvarur.

....

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus directing the respondents to promote the petitioner as Physical Education Director, Grade II, pursuant to inclusion of his name in the panel as on 01.01.2011 for promotion from the post of Physical Education Teacher to that of Physical Education Director, Grade-II, with all benefits.

For Petitioner : Mr.M.Ravi For Respondents : Mr.K.H.Ravikumar Government Advocate

ORDER

This Writ Petition has been filed for direction directing the respondents to promote the petitioner as Physical Education Director, Grade II, pursuant to inclusion of his name in the panel as on 01.01.2011.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3. The petitioner was initially appointed as Physical Education Teacher through the Employment Exchange on 01.08.1988. He had joined service on 22.08.1988. He was declared to have satisfactorily completed the period of probation in the said post on 21.08.1990. He was awarded Selection Grade and Special Grade in the said post with effect from 22.08.1998 and 22.08.2008 respectively. Therefore, he claimed for promotion to the post of Physical Education Director, Grade-II, on the strength of the eligibility.

4. A perusal of the counter filed by the respondent revealed that the petitioner had failed to produce any evidence for obtaining the degree in the prescribed pattern. The degree obtained by the petitioner

was not satisfied. The counseling for the promotion was conducted on 20.11.2011. As he was unable to produce PUC Certificate, the petitioner was not permitted to participate in the counseling. Therefore, the petitioner is not entitled for promotion to the post of Physical Education Director, Grade-II.

5. That apart, the name of the petitioner was included in the panel for promotion as on 01.01.2011. However, on verification of the service records of the petitioner, it was noticed that the petitioner has acquired the degree qualifications without school education. G.O.Ms.No.180, School Education Department, dated 11.09.2000 and subsequent guidelines dated 13.09.2011 says that the degree obtained after passing the school education alone be considered for promotion. Therefore, the petitioner is not entitled for promotion.

6. In view of the above, the writ petition lacks merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

17.08.2023 Internet : Yes Index : Yes/No Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Director of School Education, Chennai - 600 006.

2. The Joint Director of School Education, (Personnel), O/o.Director of School Education, Chennai - 600 006.

3. The Chief Educational Officer, Tiruvarur.

4. The District Educational Officer, Tiruvarur.

and M.P.Nos.1 & 2 of 2011 17.08.2023