1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9560 of 2011 1. M.Shakespeare Selvaraj 2. S.Michael Raj 3. G.Chandra 4. S.Ravichandran 5. P.Sahaya Kanthasi 6. D.Rathika 7. B.Kumutha Rajamani 8. N.Kattuthuria ... Petitioners -Vs- 1. The Government of Tamil Nadu Rep. by the Principal Secretary Department of School Education Fort St. George, Chennai - 9 2. The Director of School Education DPI Compound, College Road Chennai - 6 3. The Joint Director (Personnel) Department of School Education DPI Compound, College Road Chennai - 6. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to upgrade the posts of the petitioners from Secondary Grade Teachers to Graduate Assistant Teachers with effect from the date of attaining the requisite qualification by them with consequential benefits. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R Mandamus directing the respondents to upgrade the petitioners from Secondary Grade Teachers to Graduate Assistant Teachers with effect from the date of attaining the requisite qualification by them with consequential benefits, is prayed for on the grounds that their counterpart in department of elementary education, with the same qualification of Diploma in Teacher Education (DTE) have been given promotions as Headmasters and consequently as Assistant Elementary Educational Officers also. Whereas, the petitioners, who are working in https://hcservices.ecourts.gov.in/hcservices/ 2 the department of School Education with the same qualification of Diploma in Teacher Education, do not have sufficient promotional chances, for further promotion to the post of Graduate Assistant. In such view of the matter, the petitioners have alleged in equality in violating Article 14 and 16(1) of the Constitution of India. Mere chances of promotion is not a statutory or legal right, which can be raised and adjudicated under Article 226 of the Constitution of India. Useful reference can be made to few decisions. 2. In R.S.Deodhar Vs. State of Maharashtra and others reported in 1974 AIR 259, the Apex Court held that no employee has a right or vested right to chance of promotion. He simply has a right to be considered for promotion, provided he falls within zone of consideration on fulfilling the pre-requisite conditions for that, while deciding the said case, the Apex Court has considered a judgment in State of Mysore vs. G.B.Purohit, AIR 1967 AlR 753, wherein it has been held that though a right to be considered for promotion is a condition of service, but chances of promotion cannot be regarded as varying a condition. The Apex Court rejected the contention that even a person whose chances are affected has a right to be heard observing as under: "It is said on behalf of the respondents that as their chances of promotion have been affected, their conditions of service have been changed to their disadvantage. We see no force in this argument because chances of promotion are not conditions of service." 3. In Mohammad Shujat Ali and others Vs. Union of India and others reported in 1974 AIR 1631, the Court held that where a rule confers a right of actual promotion, or a right to be considered for promotion is a rule prescribed in a condition of service, but mere chance of promotion does not fall within the said right. 4. Right to consider for promotion is now recognised as a Fundamental Right. Merely because, there are less chances of promotion of Secondary Grade Teachers as B.T. Assistants in the department of School Education, Chennai, that cannot be a ground to seek for upgradation of Secondary Grade Teachers posts in the School Education Department. It is not as if Secondary Grade Teachers with diploma in teacher education in School Education Department, are not being considered for promotion to the post of B.T. Assistants at all, as and when they acquire the prescribed qualification for the abovesaid post. Promotion to the post of B.T. Assistants, is subject to seniority, zone of consideration and other eligibility criteria prescribed in the rules. It is also the prerogative of the Government to make direct recruitment, if the statutory rules permit. Merely because there is a stagnation in the School Education Department and the chances of promotion is a less as compared to that of Elementary Education Department, that does not confer any legal statutory right to seek for upgradation, as a matter of right. 5. In view of the above, this Court is not inclined to entertain the Writ Petition. It is always open to the appointing authority / Government to take a decision as to, when and for what reasons, upgradation is required. Courts cannot issue any directions to upgrade https://hcservices.ecourts.gov.in/hcservices/ 3 the posts of Secondary Grade Teachers to that of B.T. Assistants, by issuance of any directions. 6. With the abovesaid observations, this Writ Petition is dismissed. No costs. vsg Sd/- Assistant registrar /True copy/ Sub Assistant Registrar To 1. The Principal Secretary The Government of Tamil Nadu Department of School Education Fort St. George Chennai - 9 2. The Director of School Education DPI Compound College Road Chennai - 6 3. The Joint Director (Personnel) Department of School Education DPI Compound College Road Chennai - 6. +1 cc to Special Government Pleader, SR.No.29015. +1 cc to Mr.T.Lajapathy Roy, Advocate SR.No.28974. W.P.(MD).No.9560 of 2011 Dated:24.08.2011 3P/6C RPB 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/