IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2010 CORAM THE HON'BLE MR.JUSTICE R. SUDHAKAR W.P.No.34534 of 2006 R.CHINNA RAJU HEAD MASTER, PANCHAYAT UNION ELEMENTARY SCHOOL, T.VALASI TIRUVANNAMALAI. ..PETITIONER Vs 1.THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI-6 2.THE DISTRICT ELEMENTARY EDUCATION OFFICER, TIRUVANNAMALAI DISTRICT. 3.ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, TIRUVANNAMALAI UNION, TIRUVANNAMALAI DISTRICT. ..RESPONDENTS Prayer: Original application No. 9191 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to the respondents to include the name of the petitioner in the seniority list dt.10.1.98 for the post of Middle School Head Master (B.Ed.) Grade in Tiruvannamalai union and post him as the Head Master of Middle School with all retrospective benefits from the date on which his Junior was promoted. Since the Tamil Nadu Administrative Tribunal was abolished, the original application was re-transferred and numbered as writ petition. For Petitioner : Mrs. A. Arul Mozhi For Respondents : Mr. S. Sivashanmugam Government Advocate ORDER Original application No. 9191 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to issue a direction to https://hcservices.ecourts.gov.in/hcservices/ the respondents to include the name of the petitioner in the seniority list dt.10.1.98 for the post of Middle School Head Master Grade In Tiruvannamalai union and post him as the head Master of Middle School with all retrospective benefits from the date on which his Junior was promoted. Since the Tamil Nadu Administrative Tribunal was abolished, the original application was re-transferred and numbered as writ petition. 2. The petitioner claims to be a holder of M.A. Degree obtained through Open University system from Kamaraj University and Annamalai University. For the purpose of promotion to the post of Middle School Headmaster in G.O.No. 976, School Education Department dated 19.11.1997. It has been stated that the degree obtained through Open university will not be considered. The issue has been contested before a Division Bench of this Court. The Division Bench in the decision reported in (2008) 3 MLJ 255 held that the claim for promotion to higher post based on Open University Degree cannot be accepted and this view has been upheld by the Apex Court in the decision reported in (2009) 4 SCC 590 (Annamalai University Vs. Secretary to Government and others). In such view of the matter, the petitioner is not entitled to any relief. Accordingly, the writ petition is dismissed. There shall be no order as to the costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sms To 1. THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI-6 2. THE DISTRICT ELEMENTARY EDUCATION OFFICER, TIRUVANNAMALAI DISTRICT. 3. THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, TIRUVANNAMALAI UNION, TIRUVANNAMALAI DISTRICT. + 1 c.c. to M/s. A. Arulmozhi, Advocate. S.R.No.7044. + 1 c.c. to The Government Pleader. S.R.No.7442. W.P.No.34534 of 2006 VSV (CO) GSK 24.02.2010. https://hcservices.ecourts.gov.in/hcservices/