S VAITHEKI Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner is an applicant for the post of Physical Education Teacher in the third respondent school. The third respondent school is a Private Higher Secondary School and aided by the State Government and governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules framed thereunder. The petitioner earlier filed the writ petition before this Court being W.P.(MD) No. 13682 of 2010 seeking for a direction to the third respondent school to conduct appropriate interview under the supervision of the 1st and 2nd respondents for the post of Physical Education Teacher and also to give priority to the petitioner by considering her temporary service rendered to the school. It is the claim of the petitioner that she has worked 401 days in the school as temporary capacity. Therefore, she is eligible for priority consideration. But however, when the writ petition came up on 07.01.2011, she withdrew the writ petition with liberty to challenge the appointment of the fourth respondent.

(2.) It must be noted that even at the time of filing of the earlier writ petition, the fourth respondent who is successfully appointed and she impleaded as fourth respondent. Therefore, the petitioner must be aware that the fourth respondent is proposed to be selected for the said post.

(3.) Now the petitioner having obtained a copy of the appointment made in favour of the fourth respondent, dated 06.01.2011 filed the second writ petition.