S. Subramanaiam v. The Joint Director of School Education (Secondary) and Appellate Authority, Madras & Others
1996-04-15
S.M.ABDUL WAHAB
body1996
DigiLaw.ai
Judgment : This writ petition is for quashing the order passed on 19. 1987 by the first respondent and to direct the 2nd respondent to promote the petitioner as the Headmaster of Sokkalal Higher Secondary School, Mukkudal, Tirunelveli Kattabomman District. 2. The petitioner joined as B .T. Assistant in the Board High School, Kalingapatti, in 1962 and later he was appointed in the second respondent school from 26. 1964.The qualification of the petitioner is B.Sc, in Physics in 1 st Class and. the petitioner also applied for the post of Headmaster in the 2nd respondent- school which was vacant. Even though there were number of qualified candidates including the petitioner, the second respondent published an advertisement in “ThinaThanthi” calling for applications from suitable persons for filling up of the post of Headmaster of his school. The petitioner as well as the other qualified candidates also applied for the said post. But the second respondent overlooking the preferential claim of the petitioner, appointed one R.Balasubramaniam, the 3rd respondent as the Headmaster. 3. Aggrieved by that appointment, the petitioner and others preferred an appeal to the Joint Director (Secondary) of School Education, under Rule 15(4)(a) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. The Appellate Authority, namely, the first respondent herein, rejected the appeal by his proceedings No.K. Dis.224576/ G.7/87, dated 19. 1987. Hence the reliefs mentioned above. 4. The learned senior counsel Mr.Alagirisami, appearing for the petitioner mainly contended that the order of the first respondent dated 19. 1987 is erroneous. The reason given by the first respondent is that the petitioner and others were not working as Post Graduate Assistants and hence they could not be promoted as Headmaster as per G.O.Ms. No.720, Education, dated 24. 1981. The said view is wrong. As per the provisions contained in G.O.Ms. No.720, Education, dated 24. 1981, the qualifications for appointment to the post of Headmaster are as follows: .(i) A Master’s Degree of a University in the State or a Master’s degree of equivalent standard or a certificate issued by the University of Madras for having undergone the Certificate Course in Science and Humanities for Graduate Teachers in High Schools. .(ii) B.E. or B.Ed.
1981, the qualifications for appointment to the post of Headmaster are as follows: .(i) A Master’s Degree of a University in the State or a Master’s degree of equivalent standard or a certificate issued by the University of Madras for having undergone the Certificate Course in Science and Humanities for Graduate Teachers in High Schools. .(ii) B.E. or B.Ed. Degree of a University in the State or a degree of Equivalent standard, (iii) Experience for a period of not less than 10 years as B.T. Assistant or Pandit in a Secondary School/ Training School/ Higher Secondary School, after obtaining a teaching degree recognised by the Director of School Education. 5. The petitioner was qualified for appointment of the post of Headmaster in the second respondent- School when the vacancy arose because according to him, in May, 1985 he passed the M.A. degree examination in Tamil. Therefore, he possessed the educational qualifications, namely, Post Graduate Degree, Teachers Training Degree and also experience for a period of not less than five years as B.T. Assistant. 6. The learned senior counsel Mr.Alagirisami relied upon the decision of a Division Bench of this Court in The Secretary-cum-Correspondent Z.K.H. Higher Secondary School, Bodinaickenur, District v. R.Kandaraj and others, W.P. Nos.640 and 669 of 1985, dated 26. 1986. In the above decision, the Division Bench, after setting out the qualifications required for promotion as Headmaster of the High Secondary School, upheld the appointment of one Ramasubbu, who was serving only as Graduate Assistant at the time of his promotion. The said Division Bench decision has also been approved by the Full Bench of this Court reported in The Saliar Mahajana Higher Secondary School represented by its Secretary and Correspondent Aruppukkottai v. The Joint Director of Schools (Higher Secondary), Madras-6 and others, 1995 Writ L.R. 277. 7. The first respondent has not taken note of the qualifications prescribed in G.O.Ms.720 and also failed to note the fact that Rule 15(4) (a) was amended in 1988 as per G.O.Ms. No. 1502, Education, dated 29. 1988. But, only after the amendment, the Headmaster, Higher Secondary School has to be appointed from among the category of Post Graduates Assistants in the academic subject. As far as the present case is concerned, the said amendment is not applicable because the pose of Headmaster fell vacant on 6. 1987.
No. 1502, Education, dated 29. 1988. But, only after the amendment, the Headmaster, Higher Secondary School has to be appointed from among the category of Post Graduates Assistants in the academic subject. As far as the present case is concerned, the said amendment is not applicable because the pose of Headmaster fell vacant on 6. 1987. At that time, the statutory rule as interpreted by the Full Bench was G.O.Ms. No.720, Education, dated 24. 1981 without the amendment. Therefore, in my view, the reason given by the first respondent for rejecting the claim of the petitioner is wrong. Hence I am inclined to allow this writ petition. 8. The writ petition is allowed. As regards the direction is concerned the second respondent has to consider the claims of the qualified candidates available in the school as on 6. 1987 and appoint a suitable person as the Headmaster of the School. Since the matter has been pending from 1987 onwards, it is desired that the second respondent makes the appointment within a period of 3 months from this date. There will be no order as to costs.