The Madurai Bench of the Madras High Court on Monday observed that Tangedco has powers to modify the educational qualifications for higher posts. The protection for service conditions were provided only for the post in which the employees were working and not in respect of any amendment in educational qualification for higher posts.
The court was hearing a petition filed by S. Meenakshi who was appointed as Helper (Training) in Tangedco in 2010. The grievance of the petitioner was that following the amendment issued by the Department in 2014, the prospects of promotion to the post of Junior Assistant was restricted.
Originally the qualification prescribed for promotion or appointment to the post of Junior Assistant was Class 10. But, following the amendment, the qualification for appointment to the post was a graduation in any degree. The amendment should not come in the way of promotion to existing employees, she said.
Dismissing her petition, Justice S.M. Subramaniam observed that the contentions raised by the petitioner deserved no merit, in view of a settled principle of law which stipulates that prescription or amendment of educational qualification or service condition are the prerogative administrative powers vested with the employer.
The judge said that the Centre and the State have to look forward in respect of the advancements and developments of the country. Modifying the qualifications is certainly imminent to provide constant progress in respect of the development of the nation. Prescribing a higher qualification will certainly be an advantage to the organisation.
For long, the prescribed qualification to the post was Class 10 and considering the current day educational growth, certainly modification of educational qualifications in all departments was required. Prescription of higher qualification will encourage students to pursue higher studies and provide opportunities to the youth, the judge said.
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