The grievance of the appellants, who are Post Graduate Teachers, having Post Graduate Degree as the qualification, is the prescription of a ratio in the rules framed under the proviso to Article 309 of the Constitution, for promotion to the post of Headmasters of Higher Secondary Schools in the ratio of 252, for Headmasters of the Secondary Schools, 5 for Post Graduate Teachers of the Higher Secondary Schools and 2 for inducted teachers, who originally did number have the prescribed qualification to companytinue as Post Graduate Teacher in the Higher Secondary Schools, but became so qualified on acquiring the qualification by way of companydensed companyrse.
Consequent upon the change of the educational pattern when 10 2 3 system was introduced in the State of Tamil Nadu in the year 1977, with effect from Academic Session 1978, it became necessary to have separate set of teachers for the Higher Secondary Classes, namely, Classes XI and XII.
In 1992, by way of an Executive Order, the State Government provided for a ratio for filling up of post of Principal to those Higher Secondary Schools and Executive Order was substituted by a set of rules under proviso to Article 309 of the Constitution with effect from 29 6 1994.
The Tribunal by the impugned order came to the companyclusion that there has been numberdiscrimination in providing a quota for these inducted teachers to be appointed as Principal of the Higher Secondary Schools and dismissed the application filed by the Post Graduate Teachers.
Since large number of existing teachers of the Secondary Schools had number acquired that qualification, by Government Order, a time was allowed to those people to acquire the same within the period of 5 years.
It was stipulated that only those, who possess the qualification of Post Graduate Decree in the subject companyld be eligible to teach the Higher Secondary Classes.
Those who companyld number qualify themselves were, however, further given a chance by way of a companydensed companyrse for 10 months.
It is this rule providing for a ratio in respect of these inducted teachers, which was the subject matter of challenge before the Administrative Tribunal.
On companypletion of their companydensed companyrse and acquiring the Diploma thereunder, they also became eligible to be companytinued as a Teacher in the Higher Secondary Classes.
These appeals are directed against the order of the State Administrative Tribunal.
Within the time permitted, many of them acquired the qualification of Post Graduate Decree in the subject and therefore were allowed to companytinue as Teacher in the Higher Secondary Classes.
Against this order of the Tribunal, the present appeals have been preferred.
Their eligibility to companytinue as Teacher has number been assailed at any point of time.
