Supreme Court of India· 22 August 2026
Does Section 25 of the 2016 Act affect degrees obtained before it came into force?
R.J. Gajendra Kumar v. Government of Tamil Nadu and Anr
2026 INSC 911
Coram: Ujjal Bhuyan; Manoj Misra
Answer
No. Explanation 1(b) to Section 25 of the 2016 Act came into effect on and from 14.09.2016 and does not affect the degrees obtained prior thereto, in view of the saving clause in Section 54. Section 54(1) provides that nothing in the Act shall adversely affect any person who was a member of any service on the date of its coming into force, and sub-section (3) provides that such a person shall be governed by the rules and orders applicable to him immediately prior to that date.
Headnote
Tamil Nadu Government Servants (Conditions of Service) Act, 2016 — s.25 — s.54 — Constitution of India — Art.309 — Distance education degree — Prospective operation — Feeder post eligibility — Promotion —
Tamil Nadu Government Servants (Conditions of Service) Act, 2016 — s.25 — s.54 — Saving of existing members of service —
Held: Explanation 1(b) to Section 25 took effect on 14.09.2016 and does not affect degrees obtained before that date. By the saving clause in Section 54 a person already a member of the service is governed by the rules and orders applicable to him immediately prior. (¶30)
Tamil Nadu Government Servants (Conditions of Service) Act, 2016 — s.25 — Distance education mode not excluded —
Held further: Nowhere does Explanation 1(b) to Section 25 say that the degree should be obtained through the regular physical course and not through the distance education mode. A degree so obtained cannot be treated as invalid for promotion. (¶30)
Statutory rules — Prospective operation — Qualification obtained under norms then in force —
Held further: Every statutory rule is prospective unless expressly or by necessary implication made retrospective. A candidate qualified under the norms then prevailing cannot be made ineligible by resorting to the maze of later Government orders. (¶43, 50)
Service law — Unchallenged appointment to the feeder post — Scope of adjudication on promotion —
Held further: Where the promotion to the feeder post has stood unchallenged for fifteen years, it is not open to the authority to rake up eligibility to hold that post while considering promotion to the next higher post. Appeals allowed. (¶23, 51)
In the Court's own words
Paragraph 30The Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (briefly ‘The 2016 Act’ hereinafter) has been enacted to regulate the service conditions of the Tamil Nadu Government Servants. It has been notified on 14.09.2016. As per Section 1(2), barring sub-section (1) of Section 40 which shall be deemed to have come into force on the 01st January, 1955, all the remaining provisions of the 2016 Act shall come into force at once. It means that barring Section 40(1), all the other provisions of the 2016 Act came into effect on and from 14.09.2016. 30.1. Section 25 of the 2016 Act lays down special qualifications. As per Explanation 1(b), in cases where the Special Rules prescribe a degree as a qualification for appointment, then the candidate must possess a degree obtained after completion of SSLC and higher secondary course (10+2+3 or more) from any university or institution recognized by the University Grants Commission which shall be accepted as the qualification. 30.2. Section 54 of the 2016 Act is the saving clause. Sub-section (1) clearly says that unless a contrary intention is expressly indicated therein, nothing contained in the 2016 Act shall adversely affect any person who was a member of any service on the date of coming into force of the 2016 Act. Sub- section (3) further clarifies that where the provisions of the 2016 Act or the Special Rules would adversely affect in respect of any matter, a person who was a member of any service before the date of coming into force thereof, he shall, in respect of such matter, be governed by the rules and orders, if any, which were applicable to him immediately prior to such date. 30.3. Explanation 1(b) to Section 25 of the 2016 Act came into effect on and from 14.09.2016. It does not effect the degrees obtained prior thereto in view of the saving clause in Section 54 of the said 2016 Act. 30.4. That apart, no where does Explanation 1(b) to Section 25 say that the degree obtained should be through the regular physical course and not through the distance education mode. Therefore, the Review Bench fell in error in taking the view that because the appellant had obtained the degree through the distance education mode, his degree would not be considered as valid for the purpose of promotion to the post of Assistant Director though appellant’s education up to the graduation level is not a problem. This is the fundamental flaw committed by the Review Bench.
Acts & Sections
s.25 Tamil Nadu Government Servants (Conditions of Service) Act, 2016s.54 Tamil Nadu Government Servants (Conditions of Service) Act, 2016s.1(2) Tamil Nadu Government Servants (Conditions of Service) Act, 2016Art.309 Constitution of IndiaOne judgment a day. That's the whole habit.
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