Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Promotion – Appellant was granted permission to pursue B.A. (English) under distance education from January 2012 to December 2014 – While pursuing B.A. (English), Appellant was granted permission to pursue M.A. (Tamil) a two year distance education course between Academic Years 2013-2015 – Appellant successfully completed B.A. (English) in Dec 2014 and M.A. (Tamil) in 2015 – Appellant was promoted to the post of B.T. Assistant (English) on 06.08.2016 – Respondent No.5 challenged the promotion of appellant & others – Ground of challenge was that by obtaining two degrees simultaneously, the appellant became ineligible for promotion – Rule 14 was pressed into service which provides that teachers who obtained B.A./B.Sc and B.Ed., during the same academic year were not eligible for recommendations – Single Judge of High Court allowed the writ petition & set aside the promotion of appellant –Division Bench upheld the order of Single Judge – Held: It cannot be said that appellant obtained the degree of B.A. (English) and M.A. (Tamil) during the same academic year – Also, degree of M.A. (Tamil) cannot be equated with B.A./ B.Sc./B.Ed – Therefore Rule 14 not applicable to facts of the case on hand stricto senso – Assuming that the subsequent degree obtained by appellant namely M.A. (Tamil) is ignored, in that case also, considering his degree in B.A. (English) the appellant could have been promoted to the post of B.T. Assistant (English) – Degree of B.A. (English) was sufficient as per the eligibility criteria for promotion to the post of B.T. Assistant (English) – Order of promotion of appellant to the post of B.T. Assistant (English) accordingly restored. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 202 |
Petitioner | A.dharmaraj |
Respondent | The Chief Educational Officer, Pudukkottai & Ors. |
SCR | [2022] 1 S.C.R. 1125 |
Judgement Date | 2022-02-18 |
Case Number | 1301 |
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