I MOHAN Vs. DIRECTOR DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioner belongs to Schedule Caste. He is a Post-Graduate and also obtained M.Ed., He was appointed as Secondary Grade Teacher at Guruvappa Higher Secondary School, Neikkarapatti, S.K.C.Nagar, Periyakalayamputhur Post, Palani, Dindigul District, by an order dated 04.06.2002. He was appointed in the vacancy caused due to the retirement of one Mr.S.Varadharajan. The said school is an aided school getting 100% aid from the Government of Tamil Nadu.

(2.) The graduate teachers could not be appointed against secondary grade teacher vacancy. Since, there are no SC/ST candidates with Diploma in Teachers Education for appointment to the post of Secondary Grade Teacher, the Government issued G.O.Ms.No.113, School Education Department dated 14.03.1997, permitting the recruitment of graduate teachers belonging to SC/ST categories in secondary grade post. However, a condition was stipulated that those persons should undergo one month "Child Psychology" training before the appointment.

(3.) The said G.O.Ms.No.113 was extended to the schools under the SC & ST Welfare Department by G.O.Ms.No.63, Schedule Caste and Schedule Tribes Welfare Department dated 01.04.1997. The persons without undergoing "Child Psychology" training, were appointed as secondary grade teachers under the control of Schedule Caste and Schedule Tribes Welfare Department, since, there was no possibility of getting training immediately and the posts were remaining vacant for a long time. In these circumstances, the Government issued G.O.Ms.No.122, Schedule Caste and Schedule Tribe Welfare Department, dated 02.08.2005, wherein the persons who were appointed without "Child Psychology" training were sought to be regularised from the initial date of appointment.