C.M.Balaji v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.24719 of 2025 C.M.Balaji ... Petitioner Vs.

1.The Vice Chancellor, University of Madras, Chennai - 600 005.

2.The Registrar, University of Madras, Chepauk, Chennai - 600 005.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the claim of the petitioner for promotion to the post of Assistant from date of his eligibility along all attendant service and monetary benefits without reference to the G.O.Ms.No.107 P & AR department dated 18.08.2009. 1/5

For Petitioner : Mr.P.L.Thirumoorthy For Respondents : Mr.D.Ravichander

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to consider the claim of the petitioner for promotion to the post of Assistant from date of his eligibility along with all attendant service and monetary benefits without reference to the G.O.Ms.No.107 P & AR department dated 18.08.2009.

2. The learned counsel for the petitioner would submit that the petitioner has obtained a degree from an Open University, and that the required educational qualification for his promotional post is a degree. In spite of obtaining such a degree, he was not considered for promotion. He fairly submits that he had failed in the 12th standard.

3. At this juncture, this Court deems it appropriate to refer to Section 25 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, wherein, an explanation is provided that wherever a degree is 2/5

prescribed as a qualification for appointment, such degree should have been obtained after completion of SSLC and Higher Secondary Education in the pattern of 10+2+3.

4. In the present case, it is an admitted fact that the petitioner failed in the 12th standard and, without possessing the 10+2 qualification, obtained a degree from an Open University. This is in contravention of Section 25 of the aforementioned Act.

5. Hence, this Court do not find any merits in the present Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 23.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order 3/5

To 1.The Vice Chancellor, University of Madras, Chennai - 600 005.

2.The Registrar, University of Madras, Chepauk, Chennai - 600 005.

4/5

C.KUMARAPPAN, J.

jas and W.M.P.No.24719 of 2025 23.06.2025 5/5