“9. Petitioners before the Tribunal are Secondary Grade Primary School Headmasters who have acquired M.A. Degree under the Open University System. They do not come under the three categories of teachers eligible to be promoted, but only under the cary of secondary grade teachers who are directed to be appointed. If no qualified teacher in the above three categories of teachers is available in the unit, the senior most among the persons working as secondary grade teacher, but qualified in B.Ed./Tamil Pandit is to be considered for promotion to the post of Middle School Headmaster. We are not here concerned with the other aspect of eligibility for promotion etc., since there were a number of litigations between the Secondary Grade Teachers B.Ed. Grade, Tamil Pandits and Middle School Headmasters, etc. The scope of controversy is limited to the consideration whether the open university degree is equivalent to the prescribed degree or a degree equivalent standard of B.A. or B.Ed. degree. The Government, in the impugned order, G.O. Ms. No.476 dated 19.11.1997, have considered this question, conscious of the other Government Orders in G.O. Ms. No.216 dated 26.8.1997, wherein the M.A. Degree obtained from open university was considered equivalent to a degree for appointment in public service. However, insofar as the posts created under the Special Rules for Tamil Nadu Elementary Education Service is concerned, they have considered the issue and decided that the teachers who obtained degree with the basic study and qualification only can teach the children effectively and in such a way to make the students understand the subject and persons who obtained M.A. Degree in open university without a basic degree cannot be appointed.
