S KANNAN Vs. CORRESPONDENT CUM SECRETARY

JUDGEMENT

(1.) The petitioner is a Senior Post Graduate Assistant working in the first respondent school. The first respondent school is an aided private school covered by the provisions of the Tamil Nadu Private Schools (Regulation) Act, 1973. The petitioner was aspiring to become the Headmaster of the said school and was waiting for the fourth respondent to retire from service. According to the petitioner, the date of birth of the fourth respondent was 04.10.1951. Therefore, in the normal circumstances, she should retire from the post of Head Mistress on 31.10.2009.

(2.) Anticipating the vacancy, the first respondent school had called for aspiring candidates for being considered for the said post. Aggrieved by the same, the petitioner filed a writ petition before this Court being W.P.No.21796 of 2009, challenging the interview letter dated 19.10.2009 calling the petitioner to appear for written and oral interview on 26.10.2009. This Court by an order dated 26.10.2009 granted interim injunction for a period of two weeks. It is now claimed that the said order came to be extended subsequently also.

(3.) Be that as it may, the petitioner has now come forward to file the second writ petition seeking for a declaration that the continuation of the fourth respondent as Head Mistress from 01.11.2009 in the first respondent school is illegal. Subsequently, the petitioner took out an application in M.P.No.2 of 2009 for amending the prayer which was also allowed on 03.12.2009. As per the amended prayer, the petitioner seeks for a direction to respondents 1 to 3 to forbear the fourth respondent from continuing as Head Mistress in the first respondent school from 01.11.2009 after attaining the age of superannuation on 31.10.2009.