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2015 DIGILAW 2065 (MAD)

The State of TamilNadu v. S. Grahalakshmi

2015-04-29

S.MANIKUMAR, V.M.VELUMANI

body2015
Judgment :- V.M. Velumani, J. ThisWrit Appeal has been filed against the order, dated 12.6.2014, made in W.P.(MD)No.7383 of 2013. 2. The respondent was appointed as Middle School Headmaster of Government Aided Middle School, Kandithampattu, Thanjavur, on 20.4.2011. She did not possess 5 years teaching experience on the date of appointment. Therefore, the Management made it clear that she will be entitled to salary of B.T. Assistant for a period of 5 years and thereafter, she will get the salary payable to the Middle School Headmaster. The proposal for approval sent by Management was rejected. The respondent filed W.P.No.7383 of 2013 to quash the order of rejection of approval and prayed for a consequential direction to appellants 1 to 4 to approve her appointment in the post of Middle School Headmaster in the Management School. 3. The appellants filed counter affidavit denying the averments made in the affidavit filed in the writ petition. 4. According to the appellants, 5 years teaching experience for appointment to the post of Middle School Headmaster is mandatory and there is no provision for relaxation. The first appellant alone has power to give exemption based on the facts of particular case. The first appellant by Letter No.6051/B1.2011-1, dated 25.03.2011, has given instructions not to send proposal for relaxation of 5 years teaching experience for the appointment of Middle School Headmaster. Further, the appointment order of the Management is an irregular order, as the Management has no power to fix the salary of the respondent as B.T. Assistant for 5 years and thereafter, the salary of Headmaster of Middle School. Therefore, they prayed for dismissal of the writ petition. 5. The learned Judge considering all the materials on record and order of this Court, allowed the writ petition, by order dated 12.6.2014. Against the said order, the appellants have filed the present appeal. 6. The learned Special Government Pleader contended that the order of rejection is as per rules. The Management has no power to appoint a person without prescribed requisite qualification of 5 years teaching experience and seek for approval. The respondent is not possessing 5 years teaching experience and there is no provision in the Tamil Nadu Recognition of Private Schools (Regulation) Rules 1974 exempting lack of teaching experience. The Management has no power to appoint a person without prescribed requisite qualification of 5 years teaching experience and seek for approval. The respondent is not possessing 5 years teaching experience and there is no provision in the Tamil Nadu Recognition of Private Schools (Regulation) Rules 1974 exempting lack of teaching experience. The first appellant by Government Letter dated 25.3.2011, issued instructions not to send the proposal to the Government for relaxation of the Rules in respect of appointment of ineligible persons as Middle School Headmasters, without having five years of teaching experience. If an inexperienced person is appointed, students will suffer and therefore, prayed for allowing of the appeal. 7. The only issue to be decided in the appeal is whether the appointment of the respondent as Middle School Headmaster without 5 years experience as Secondary Grade Teacher can be approved by appellants or not. This issue is no longer res integra. The appointment of a person without 5 years teaching experience can be approved on acquiring the requisite experience, but he/she will be entitled to salary of BT Assistant only till he/she acquires qualification of 5 years teaching experience. Further, in view of our Judgment passed in W.A.(MD)No.1119 of 2014 and W.A.(MD)No.1404 of 2014, this writ appeal is allowed. No costs. 8. The appellants are directed to approve the appointment of respondent if she is qualified and pay the salary of B.T. Assistant till she acquires 5 years teaching experience and thereafter, pay salary of Middle School Headmaster. The appellants are also directed to pass orders within six weeks from the date of receipt of a copy of this Judgment. Consequently, M.P(MD)No.1 of 2015 is closed.