Plan education of people without Class X, XII qualifications: HC  

Court issues direction to State on appeals preferred by Highways Dept. employees

Setting aside demotion of a batch of Highways Department employees, who had taken steps to qualify themselves after having missed the opportunity to complete Classes X and XII due to family circumstances, the Madurai Bench of the Madras High Court has asked the government to formulate a scheme to educate people who miss the opportunity.

A Division Bench of Justices S.S. Sundar and S. Srimathy said such a scheme should be implemented without affecting the rights of those who had completed studies in regular stream. The court made the observations while passing orders on the appeals preferred by the employees, challenging a Single Bench order.

The appellants, who were working as Road Inspectors Grade II, joined service as Gang Mazdoors in 1997, for which the qualification was Class V. Their next promotion was to the post of Road Inspector Grade II, for which the qualification was Class X along with experience as Gang Mazdoor for five years, and 25% of the posts were to be filled through promotion and 75% through direct recruitment.

The appellants said Madurai Kamaraj University conducted a year-long pre-foundation course for those who had not passed Class X. A government order was passed in 1985 stating that the pre-foundation course of the MKU was recognised as equivalent to Class X for the purpose of entry into State public service.

Based on the G.O., the employees joined the pre-foundation course. However, in 2008 Highways Department prescribed the qualification as “must have passed Class X from a recognised school”. In 2009 the G.O was amended to “....or its equivalent examination duly recognised by the Government of Tamil Nadu”.

The employees said after promotion they were working as Road Inspectors Grade II. Personnel and Administrative Reforms Department, while considering the validity of degrees, issued a clarification that the pre-foundation course was not equivalent to Class X. A G.O was issued in this regard in 2017, and the employees were demoted as Gang Mazdoors.

A Single Bench of the court dismissed their petitions seeking relief. Hence, they preferred the appeals. The Division Bench observed that the G.O was in existence from 1985. Subsequently, it was held that the open university degree and the pre-foundation course were not valid. When it was considered valid for a particular period, the persons who were affected by the change of qualification should be protected.