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இரட்டைப்பட்டம் சார்பான நீதிமன்ற விசாரணையின் தற்போதைய நிலை?

             பொதுவாக சென்னை உயர்நீதி மன்றத்தில் பல நீதியரசர்கள் பணியிடங்கள் காலியாக உள்ளது. தலைமை நீதிபதி மதுரை உயர்நீதிமன்ற கிளைக்கு பொறுப்பாக சென்ற வாரம் முழுவதும் மதுரையில் இருந்தார் எனவும், எனவே இந்த வாரம் கட்டாயம் விசாரணைக்கு வரும் என நம்பதகுந்த வட்டாரங்கள் தெரிவிக்கின்றன். 

              இரகசியம் காக்கப்படும் இந்த விசாரணை நாளை வந்தால் கூட ஆச்சரியப்படுவதற்கில்லை. இந்த வழக்கை தலமையேற்று நடத்தி வரும் திரு.ஆரோக்கியராஜ், திரு.கலியமூர்த்தி, திரு.கருணாலயபாண்டியன் ஆகியோர் இது குறித்து கருத்து தெரிவிக்க மறுத்துவிட்டனர். வழக்குரைஞர் திரு.ஜி.சங்கரன் மற்றும் மூத்த வழக்குரைஞர்கள் இந்த வழக்கில் வாதாட இருக்கிறார்கள். விறுவிறுப்பாகச் செல்ல இருக்கும் இந்த வழக்கு விசாரணையை எதிர்ப்பார்த்து பல்லாயிரக்கணக்காண ஆசிரியர்கள் பதவி உயர்வுகாக காத்துக்கொண்டிருக்கிறார்கள். இந்த வழக்கு குறித்து முகநூல் மற்றும் அலைபேசியில் விசாரிக்கும் தோழர்கள் இந்த பதிலை மற்றவர்களுக்கு பகிருமாறு தோழமையுடன் கேட்டுக்கொள்கிறேன். வழக்கு விசாரணை பற்றி மேல்தகவல்கள் உடனுக்குடன் பதிவேற்றப்படும். தொடர்ந்து தொடர்பில் இருக்கவும்.

என்றும் தோழமையுடன்...........
TNPTF மாவட்டத்தலைவர்,


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  2. Thank you Mr.Muthupandian for your information.

    Dear friends, I wish you to get a favorable order in the appeal. Since I am a law graduate I have some interest in this case. Some of my BT Assistant friends also have passed this dual degree courses. So, I read the single Judge’s judgment regarding double degree carefully. The judge has analysed the contentions of the respondents in an aim of removing the dual degree holders from the promotion list. He worries only about the quality of degree got in one year duration. But the judgment provides no remedy for the teachers who have already passed the dual degree courses.
    So we should bring something before the judges who are hearing the appeal. I believe already you would have discussed about this.
    It is the principle of natural justice that the persons who have done no wrongs should not be punished or affected by an order of the court.

    The teachers who have passed dual degrees did not do those courses only on their own wishes.
    The dual degree holding teachers had time and chances to complete successfully three years degree courses. But two options were seen before them. One was dual degree course having one year duration for those who have already passed three years degree courses in other disciplines. Another one was degree courses having three years duration. The DEE and DSE have showed positive approaches towards the one year dual degrees by allowing Secondary Grade Teachers to get promotions on the basis of their dual degrees. Many of the replies for the queries from DEE, DSE and TRB have accepted the one year dual degree for promotion and appointment. The judge also has pointed out these documents in his judgment. If the DEE and DSE had refused them the teachers would not have studied the dual degree courses. They would have done three years degree courses. The dual degree holding teachers had also got permissions to study these courses. Since the SGTs having dual degree courses had been getting promotions from years back, subsequently their juniors were also attracted towards the dual degree courses. So, naturally, in these circumstances, no wise man having a three years degree in one discipline will run after the three years degree course in another discipline. So, however, on the teachers’ side there is nothing wrong in choosing one year dual degree course instead of three years degree course from the available two valid options since both types of degree holders had got promotions.

    So, if the court thinks dual degree is not a proper degree, its decision should not affect the teachers those who have done no fault on their side. The court should provide appropriate remedies for them. The court may direct the concerned authorities in DEE and DSE to send proper circular to all schools asking the teachers not to pursue dual degree courses for the purpose of promotion from a particular date. The court also may fix a date which falls after the pronouncement date of the judgment. But those who have passed or started to study before this fixed dated may be allowed to get their promotions as their seniors those who have got promotions eventhough they had one year dual degree.
    The court may consider this because the teachers have lost their opportunity to do their three years degree course earlier. This lose occurred is not because of their own fault or wrong.
    Moreover none of the petitioners against the double degree have lost their seniority in getting their promotions because of dual degree holding teachers. Whether it is dual degree or three years degree, no senior, on the basis of appointment date was affected earlier.

  3. But now, because of the judgment many seniors have been forced to become juniors. Majority of the affected had more than three years time to do their three years degree course. But they chose dual degree course because of authorities’ positive nod to the dual degree by giving promotions to the dual degree holders in earlier occasions. So the court may consider their grievance mercifully.
    If the court does not consider the above prayer it may consider another remedy to the affected teachers. The court may direct the authorities to allow the affected people to get their promotions with a condition. The condition may be as follows:

    “The promoted persons who have dual degree should pass the three years degree within four or five years time from the date of promotion. Otherwise they may be demoted to the older post.”

    Other points:
    Masters degrees in Tamil, English, History and Economics are offered by many Universities for those who have obtained any three years basic degree in any subject but without three years basic degree in these concerned subjects. Such Post Graduates are also getting promotions as Post Graduate Teachers.

    In regular stream also Science and Maths group students in HSC level are admitted to study Tamil, English, History or any other subjects in First Degree level. But History or any other arts group HSC students are not admitted to B.Sc.(Maths) or any other Science subjects.
    Like that in double degree also those who have studied Arts subjects in HSC are not admitted to do this one year degree course. Those who have studied Maths in HSC level are admitted to do this type of B.Sc.(Maths) degree course (One year course), only if they had passed the three years degree course in another discipline.

    Following points also may be added after verifying the facts: (Points against the definition of first degree in the judgment)

    Check whether the B.Ed. and M.Ed. degree courses need UGC approval.(We have to check)
    If UGC treats B.Ed. as a first degree in Education, how it may be completed in one year? Those who have passed a three years degree are doing the one year course.
    If three years first degree course is needed for Master degree course, how one year B.Ed. holders are admitted to M.Ed. course (that also one year course)
    So UGC or other bodies have approved one year degree courses of the universities as an additional degree.
    UGC has approved these dual degree programmes not in all disciplines but only in some possible and selected subjects.

    M.Selva Kumar, M.A., B.Sc. B.Ed., B.L.
    Mobile: 9442261784.


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