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Issues Involved:
1. Validity of the ranking list for promotion to the cadre of Assistant. 2. Applicability and interpretation of the Circular dated 26th September 2011. 3. Validity of the petitioner's graduation degree from IGNOU for promotion purposes. Summary of Judgment: 1. Validity of the Ranking List for Promotion: The petitioner challenged the ranking list (Annex. 11) published by the respondents for promotion to the cadre of Assistant, seeking its annulment. The petitioner argued that his name was included in the panel for promotion in 2008, 2009, and 2010 but was not promoted due to a pending departmental enquiry. Despite qualifying for the computer proficiency test in 2011, the petitioner was not awarded 12 marks for his graduation qualification, which he claimed downgraded his ranking. 2. Applicability and Interpretation of the Circular Dated 26th September 2011: The petitioner contended that the Circular (Annex. 12) was misinterpreted by the respondents, leading to the denial of 12 marks for his graduation qualification. The respondents argued that the petitioner's B.A degree from IGNOU was invalid under UGC Regulations 1985 (non-formal) as he had not completed 12 years of schooling. The petitioner countered that the Circular omitted the second part of Regulation 2(1) of the UGC Regulations 1985 (non-formal), which allows admission to the first degree course through an entrance test for those without previous academic records. 3. Validity of the Petitioner's Graduation Degree from IGNOU: The petitioner argued that his B.A degree from IGNOU, obtained after passing the Bachelor's Preparatory Programme (BPP), was valid and recognized by the UGC. The respondents, however, relied on the Supreme Court's judgment in Annamalai University v. Secretary to Government Information and Tourism Department, which held that a degree obtained without completing 12 years of schooling was invalid. The petitioner distinguished his case from Annamalai's case, emphasizing that his degree was valid under the UGC Regulations 1985 (non-formal). Court's Analysis and Decision: The Court examined the UGC Regulations 1985 (non-formal) and found that the Circular dated 26th September 2011 had deliberately omitted the second part of Regulation 2(1), which was crucial for the petitioner's case. The Court held that the petitioner's B.A degree from IGNOU was valid and recognized by the UGC. The Court also noted that the respondents had previously awarded the petitioner 12 marks for his graduation qualification in 2008, 2009, and 2010. The Court concluded that the interpretation of the Circular by the respondents was arbitrary and unreasonable, leading to the denial of the petitioner's rightful promotion. The Court directed the respondents to reassess the petitioner's candidature for promotion by considering his qualifications as a graduate and to award him the requisite marks under Para 17.2.1 of the Policy of 2008. If found suitable, the petitioner should be promoted with all consequential benefits from the date the incumbents lower in the ranking list were promoted. Final Order: The writ petition was allowed, and the respondents were directed to reexamine and reassess the petitioner's candidature for promotion within three months, awarding him the requisite marks for his graduation qualification. If found suitable, the petitioner should be promoted with all consequential benefits. No order as to costs.
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