Frame scheme for those who couldn't complete schooling: Madras HC
The court said this while allowing a batch of appeals filed by a group of Road Inspectors (Grade II) working in the highways department, who were demoted as 'Gang Mazdoor'.
Published: 12th July 2022 02:43 AM | Last Updated: 12th July 2022 02:43 AM | A+A A-
Madras High Court (File photo)
MADURAI: The Madurai Bench of the Madras High Court recently advised the State government to formulate a scheme for the benefit of people who couldn't complete Classes X and XII, without affecting the rights of those who had studied in the regular stream.
A bench comprising Justices SS Sundar and S Srimathy said this while allowing a batch of appeals filed by a group of Road Inspectors (Grade II) working in the highways department, who were demoted as 'Gang Mazdoor' on the ground that the qualification of pre-foundation course, based on which they had received the promotion, is not equivalent to SSLC.
The judges said, "The appellants have taken earnest efforts to qualify themselves after they had missed the opportunity to complete SSLC or Class 12 due to various family issues. The government should come forward to formulate a scheme to educate such people. However, the scheme should be formulated in such a way that the rights of the persons who had completed the classes in the regular stream are not affected."
The appellants had entered into service as 'Gang Mazdoor' in 1997. The posting required minimum qualification of a Class V pass.
As per a GO passed by the highways department in 2008, the appellants had to possess a minimum of five years of experience as Gang Mazdoor and should also have passed SSLC or HSC from a recognised school, to be promoted as Road Inspectors (Grade II).
The condition was relaxed the next year to the extent that candidates who have passed SSLC or an equivalent examination duly recognised by the government, were eligible for the posting.
Since the appellants could not acquire SSLC qualification in the regular stream at that stage, they completed the pre-foundation course which was offered by the Madurai Kamaraj University, as the course was recognised by the government as an equivalent of SSLC. The appellants were later promoted. However, in 2009, open university degrees were declared invalid.
Protect appellants
When the pre-foundation course was considered valid for nearly 24 years and then was declared invalid, the persons who are affected by this shift or change of qualification ought to be protected. They held that the appellants were entitled to the promotion and allowed the appeals
