S BACKIARAJ Vs. JOINT DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The writ petition could be disposed of on the ground that the first Respondent failed to give an opportunity while passing the order under Section 41 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (herein after referred to as 'the Act'). I am not going into the merits of the matter.

(2.) The writ Petitioner was employed as Headmaster in the 3rd Respondent School. The 3rd Respondent issued a charge sheet dated 26.10.2006 making certain allegations against the Petitioner. In pursuant to which, the Petitioner has submitted an explanation. According to the 3rd Respondent, an enquiry was conducted. But, according to the Petitioner, no enquiry was conducted. Ultimately, the School has decided to dismiss the Petitioner and accordingly, sent a proposal seeking approval of the second Respondent. The second Respondent, by an order dated 31.07.2007, refused to approve the proposal for dismissal. Thereafter, the 3rd Respondent filed an appeal before the first Respondent under Section 41 r/w 43 of the Act. The first Respondent, being an appellate authority, passed the order dated 12.11.2007, reversing the order of the second Respondent, granting approval for dismissal. Aggrieved by which, the Petitioner has filed the present writ petition to quash the aforesaid order of the first Respondent.

(3.) Sections 41 and 43 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 are extracted hereunder: