N BALASUBRAMANIAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE petitioner has filed a writ petition seeking to challenge the order, dated 5.11.2008 passed by the first respondent and after setting aside the same, for a consequential direction to the second respondent School to permit the petitioner to resume duty and to pay him all attendant benefits from August, 2007.

(2.) HEARD the arguments of Mr.K.V.Subramanian, learned Senior Counsel leading for Mr.M.A.Abdul Wahaf, counsel appearing for the petitioner and Ms.Mala, learned Special Government Pleader (Puducherry) and Mr.T.P.Manoharan, learned counsel for second respondent School.

(3.) WHEN the matter came up on 17.9.2009, this court directed private notices to be issued to the respondents. On notice from this court, the second respondent has filed a counter affidavit, dated 28.10.2009. In the counter affidavit, it was stated that the School has been conferred minority status by the National Commission for Minority Educational Institutions, by an order dated 1.7.2009 and they are eligible to have constitutional protection. Therefore, the provisions relating to the appeal will not apply. It was also stated that in W.P.No.19445 of 1998, the Society of the Sisters of Charity Avila Primary School represented by its Manager, has got an interim injunction against the enforcement of several provisions of the Private Schools Act including Section 21 of the Act. Further, on merit they also stated that the petitioner was kept under probation and when he was misbehaving, there is no necessity for them to retain him in service with violation of several Codes of Conduct.