A SHANJAHAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE petitioner is the Secretary in Al Rahman Aided Elementary School which was started in the year 1946. THEreafter the recognition was given and the school received grant in aid by the respondents and has been governed by the Tamil Nadu Private School Regulation Act.

(2.) THERE are 6 sanctioned teaching posts for the school consists of Headmaster and 5 Secondary Grade Teachers, in view of the retirement of the Headmaster on 31.05.2006 and the said post has not been filled up. For the vacancy arisen to the post of Secondary Grade Teacher in the year 2008, due to the retirement of one A.Shahjahan, by the proceedings dated 31.07.2008, the second respondent granted permission to the petitioner to fill the post of Secondary Grade Teacher. After following the procedures, by issuing paper publication and advertising the vacancy and in pursuant to the interview conducted on 20.08.2008, an appointment order was issued in favour of one Vijayalakshmi on 20.08.2008 and she joined the school on 21.08.2008.

(3.) THE learned counsel appearing for the petitioner relied upon the judgment rendered in 2006 (5) CTC 385 [DIRECTOR OF ELEMENTARY EDUCATION v. S.VIGILA], which was followed by the Division Bench in CDJ 2008 MHC 2427 [THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER v. S.RACHEL JEYAPAULIN AND OTHERS] and submitted that in a case where the strength is beyond 60, there could be two sections to the particular standard and under those circumstances there can be one teacher for each section.