(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondents on connection with the impugned orders issued by the respondents 1, 2, 4 & 5 in Government Letter (standing) No.59/Na.Ka.No.3(1)/2021 dated 26.02.2021; letter (efile0 No.12873/Pa.Ka.No.3(1)/2021-6 dated 20.12.2024, Na.Ka.No.10511/A4/2009 dated 26.03.2021 & Na.Ka.No.400/Aa4/2023 dated 28.01.2025 respectively and quash the same and further direct the respondents 1 & 4 to regularize the services of the petitioner by relaxing the rules and grant all service and monetary benefits including pension.)
1. Challenging the impugned orders passed by the respondents 1, 2, 4 & 5 in Government Letter (standing) No.59/Na.Ka.No.3(1)/2021 dated 26.02.2021; letter (efile) No.12873/Pa.Ka.No.3(1)/2021-6 dated 20.12.2024, Na.Ka.No.10511/A4/2009 dated 26.03.2021 & Na.Ka.No.400/Aa4/2023 dated 28.01.2025 respectively, the present Writ Petition has been filed. Further, the petitioner has sought for a direction to the respondents 1 & 4 to regularize the services of the petitioner by relaxing the rules and grant all service and monetary benefits including pension.
2. Heard both sides.
3. The brief facts of the case is as follows:
3.1. The petitioner belongs to a downtrodden community and he is not able to complete his X Standard in the year 1978. He had an innate talents and skills in the art of drawing. Later, he developed his skills in the field of Fine Arts and further to update and upgrade his talents and skills in the field of drawing, the petitioner joined advanced course at St. Columba’s Higher Secondary School, Chengalpattu on 01.05.1988 and to pursue his aspiration, he was relieved from the said school on 31.07.1988 and after completion of the said course, the petitioner registered his name with the District Employment Office and thereafter, the petitioner was given employment and was posted to serve as Drawing Teacher at Government Higher Secondary School at Seerpathanallur in Villupuram District. Thereafter, the petitioner completed his secondary education in the year 2000. After lapse of 15 years, the fourth respondent issued show cause notice dated 25.04.2016 for which the petitioner had given a detailed reply. As against the same, the petitioner filed W.P.No.17924 of 2016 which was disposed by this Court vide order dated 28.01.2020 issuing direction to the District Chief Educational officer, Villupuram District to resubmit the proposal of the petitioner to the Director of School Education, Chennai and on receipt of the same, the Director of School Education shall consider the proposal as to whether relaxation of general education qualification can be granted to the petitioner as a special case and forward the same to the Government and based on the recommendation or otherwise of the Director of School Education, the Government shall take a decision on merits. However, the same was rejected. Aggrieved by the orders of rejection dated 26.02.2021 & 26.03.2021, the petitioner filed W.P.14704 of 2021 which was disposed by this Court on 19.10.2023 by observing that the respondents could have exercised their discretion to relax the qualification by considering the extraordinary circumstances involved in this case, however, it is made clear that the petitioner cannot claim any arrears of salary by claiming selection grade or special grade pay. As against the said order, the petitioner preferred an Intra Court Appeal in W.A.No.614 of 2024, wherein this Court had directed the respondents to pass orders in one way or other. Pursuant to which, the present impugned order has been passed.
4. Aggrieved over the same, the present Writ Petition has been filed.
5. The learned counsel for the petitioner submitted that admittedly, the petitioner did not possess SSLC qualification and he possesses only Technical Teaching Certificate issued in the year 1988 by the St. Columba’s Higher Secondary School, Chengalpet on 31.07.1988, however without considering the same, the petitioner’s request was rejected on the ground of non possession of the requisite educational qualification. He drew the attention of this Court that in respect of one Nagarajan, educational qualification was relaxed which was not done in the case of the petitioner. Hence, he prayed this Court for appropriate orders.
6. Per contra, the learned Special Government Pleader submitted that as per the provision of the Tamil Nadu School Education Service Rules and also of the Tamil Nadu Recognized Private School Rules, 1974, the qualification for appointment of Junior Grade Drawing Master, is to possess either a Degree with Drawing and Painting under Part III of any University in the State or its equivalent; or Diploma in Painting or Diploma in Drawing of the Annamalai University; or SSLC passed and Government Technical Examinations (Higher Grade) in Free-hand outline and Model Drawing or Government Diploma in Drawing; and Technical Teacher’s Certificate. He contended that the petitioner not even possess the least qualification as per the Rule and therefore, the order of rejection by the respondents warrant no interference. However, he placed on record in response to the contentions raised by the petitioner in respect of one Nagarajan, by stating that the said Nagarajan was a 10A(1) appointee and had also possessed Diploma in Arts and hence, comparison with the said Nagarajan is impermissible and accordingly, prayed for dismissal of the Writ Petition.
7. The fact in the present case is not disputed. Though the petitioner was not having the requisite educational qualification, was appointed as Drawing teacher at Government Higher Secondary School at Seerpathanallur in Villupuram District in the year 1996 and after lapse of 15 years, the fourth respondent issued show cause notice on 25.04.2016 and the same was unsuccessfully challenged before this Court in Writ Petitions and Writ Appeal. Since the petitioner’s service was not regularized after 15 years of service, he made representation to the respondents for relaxing the educational qualification. At this juncture, it is relevant for this Court to refer to the Rule for appointment of Drawing Master and the same is extracted hereunder for ready reference:
Junior Grade Drawing Master
1)a)Degree with Drawing and Painting under Part III of any University in the State or its equivalent;
Or
Diploma in Painting or Diploma in Drawing of the Annamalai University;
Or
b)S.S.L.C. passed
and
Government Technical Examinations (Higher Grade) in Free-hand outline and Model Drawing
or
Government Diploma in Drawing;
and
2)Technical Teacher’s Certificate
8. On perusal of the Rule, it makes it clear that the minimum qualification is that the petitioner should atleast possess either a Degree with Drawing and Painting under Part III of any University in the State or its equivalent; or Diploma in Painting or Diploma in Drawing of the Annamalai University; or SSLC passed and Government Technical Examinations (Higher Grade) in Free-hand outline and Model Drawing or Government Diploma in Drawing; and Technical Teacher’s Certificate. However, the petitioner did not possess any of the requisite qualification and the certificate issued by the St. Columba’s Higher Secondary School, Chengalpet is not the certificate in Diploma in Painting but it is only a relieving order. It is pertinent to note that relaxation can be done by the Government for only in certain areas and educational qualification is mandatory and hence, the request of the petitioner in regard to relaxing the educational qualification cannot be done.
9. For the foregoing reasons, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed. There shall be no orders as to costs.
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