Judgment:
Prayer: Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of Original Application in O.A.No.7476 of 2001 to call for the records relating to the impugned order of the first respondent in Na.Ka.No.2923/A3/2001, dated 17.6.2001 and quash the same and direct the first respondent to promote the petitioner as Middle School Headmaster with effect from the date of the impugned order and grant him all consequential benefits.
O R D E R:
1. The petitioner is working as Headmaster in the Panchayat Union Elementary School, Pattakurichi, Mangalur Block, Cuddalore District. The petitioner was appointed as Headmaster on 14.10.1965. The petitioner after appointment acquired the qualification for M.A. in 1994, and passed B.Ed. Examination in May 1996. The petitioner acquired the qualification through the Open University of Annamalai University.
2. The petitioner submits, that as the petitioner had the qualification of M.A. and B.Ed., he was fully qualified for promotion to the post of Middle School Headmaster.
3. In the seniority list circulated on 1.1.2001, the petitioner was placed at seniority list No.3, whereas the respondent No.2 was placed as serial No.26.
4. The case set out by the petitioner is, that though the petitioner was senior to the respondent No.2, but without considering the case of the petitioner for promotion as Middle School
Headmaster, respondent No.2 was promoted.
5. The petitioner approached this Court for issuance of a writ in the nature of certiorari, to quash the promotion of the respondent No.2 as Middle School Headmaster and to promote the petitioner as Head Master, Middle School from the date his junior was promoted.
6. The learned Government Advocate contends, that the case of the petitioner was duly considered, but as he was not qualified for promotion to the post of Middle School Headmaster, he was not promoted and respondent No.2 was promoted being qualified. The reason for holding the petitioner as unqualified was that the petitioner had passed M.A., B.Ed. from Open University which is not the recognised qualification.
7. It is not in dispute that the M.A., B.Ed. qualification acquired by the petitioner is from Open University which is not recognised by the department.
8. On consideration, this Court finds that the Writ Petition is devoid of any merit. The petitioner was considered for promotion along with others, but his case for promotion was rejected as the qualification of the petitioner was not recognised. It is not disputed that the degree from Open University is not a recognised qualification. Dismissed. No costs.