G CHANDRABABU Vs. DISTRICT FOREST OFFICER THIRUPATHUR DIVISION

JUDGEMENT

(1.) THE Forest Department in Government of Tamil Nadu runs various schools. THE petitioner herein was appointed as Secondary Grade Teacher in the year 1985 and promoted as B.T. Assistant in 1988. He was further promoted as P.G. Assistant in 2005. THE fourth respondent herein joined as a Secondary Grade Teacher in the year 1991 and he was straight away promoted as P.G. Assistant in 1997 based on his qualification.

(2.) WHILE so, a vacancy arose in the High School at Nellivasal, Vellore District for the post of Headmaster during 2009. By an order dated 23.02.2009, the fourth respondent was promoted as Headmaster of the said High School. Later, the said order was modified by another order dated 11.06.2009 stating that the promotion of the fourth respondent as Headmaster of Nellivasal High School was only an temporary measure till a qualified person from B.T. Assistant is appointed to the said post as per the Rules. Hence, the petitioner made a representation dated 02.12.2009 to the first respondent District Forest Officer, Thirupathur stating that the fourth respondent was not eligible to be appointed as Headmaster of a High School and therefore, his appointment should be cancelled and in his place, he should be appointed. His representation was rejected by the first respondent by an order dated 12.04.2010 stating that the conditional order dated 11.06.2009 was withdrawn and therefore, the fourth respondent could continue as Headmaster of the High School, in the interest of the students. It is also stated therein that there is no qualified B.T. Assistants for promotion to the post of Headmaster. The petitioner has filed the present writ petition seeking to quash the order dated 23.02.2009 promoting the fourth respondent as Headmaster of Nellivasal High School and the order dated 12.04.2010 of the first respondent, rejecting his claim.

(3.) IN the counter affidavit, it is stated that when the fourth respondent was appointed as Headmaster during February' 2009, the petitioner was not eligible for consideration to the post of Headmaster, since he had not passed the required departmental tests at that time and he passed the departmental tests only in May 2009.