D DEVAPRAKASH GNANADURAI Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) AS the issue is common in all the writ petitions, with consent of parties all the writ petitions were taken up together and common order is passed.

(2.) THE petitioner in W.P.Nos.11338, 11345 and 11348 of 2008 are the Superintendent of schools R.C Diocese of Palayamkottai, Tirunelveli-11 and the petitioner in W.P.2165 of 2009 is one D.Devaprakash Gnanadurai.

(3.) MR.Isaac Mohanlal, learned counsel for the petitioners in all the writ petitions submitted that the matter is no longer than res Integra and this Court in the Judgment rendered in 2006(5) CTC 504 in W.P.(MD).No.7717 of 2006 in the matter of (The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71-A, Dennis Street, Nagercoil-629 001 vs. The State of Tamil Nadu, rep. by its Secretary, Department of School Education, Fort St. George, Chennai-600 009 and others, held that the Educational Authority cannot insist the Subject Roster to be followed and the same is also in violation of Tamil Nadu Recognised Private School (Regulation) Act, 1973 and Rules, wherein it is not stipulated anywhere that the School should follow Subject Roster. It is also held in that judgment that even G.O.No.125 dated 12.11.2003, which is governing the appointment of Middle Grade Graduate teachers upto standards 6 to 8 and it has not been stated that subject roster should be followed. Therefore, the learned judge has held that the authority has no jurisdiction to issue the such circular that subject roster should be followed. The above judgment was also approved by the Division Bench in W.A.No.1198 of 2007 dated 20.09.2007.