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2019 (7) TMI 142 - HC - Indian LawsWhether the BGL Degree of Annamalai University held by respondent no. 3 at the time of his promotion was correctly held to be a qualifying degree? HELD THAT:- The natural consequence of the above discussion is that the Tribunal's conclusion regarding the validity of the degree possessed by respondent no.3 at the time of his promotion was erroneous and is required to be set aside. However, the subsequent developments referred to in paragraph 7 hereinabove led Mr. Sunil to make an alternative prayer that, instead of setting aside the promotion of respondent no. 3 after such a long period of service, his appointment to the post may be reckoned, for the purposes of further promotion, from the year 2015 when he obtained the LL.B. degree, and the petitioner’s service in that post be considered, to have commenced from 22.06.2006 when respondent no. 3 was promoted on regular basis. Keeping in mind the peculiar facts of this case, we accept the suggestion made, and direct that the petitioner herein - who was the most senior eligible candidate at the time of the 2004 DPC, be treated as having been promoted to the post of Assistant Registrar on the date on which respondent no. 3 was in fact promoted. Respondent no. 3 having obtained the LL.B. degree in 2015 will in turn be treated as having been promoted from the date he acquired the said qualification. Petition disposed off.
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