LAWS(MAD)-2011-4-728

K S AROKIASAMY Vs. JOINT DIRECTOR OF SCHOOL EDUCATION (SECONDARY), CORRESPONDENT DON BOSCO HIGHER SECONDARY SCHOOL AND R SELVAPARI

Decided On April 27, 2011
K S Arokiasamy Appellant
V/S
Joint Director Of School Education (Secondary), Correspondent Don Bosco Higher Secondary School And R Selvapari Respondents

JUDGEMENT

(1.) Since, the issues involved in both the writ petitions are similar in nature, these writ petitions are taken up together and a common order is being passed.

(2.) Heard the learned Counsels appearing on behalf of the parties concerned.

(3.) In respect of the writ petition, in W.P. No. 11517 of 2005, it has been stated that the Petitioner has been working as a B.T. Assistant in the fourth Respondent school. The third Respondent is an Educational Agency, under whose control the fourth Respondent school is functioning. Since, the Petitioner was qualified to teach higher secondary classes, from the year, 1988, he had submitted an application for being appointed as a P.G. Assistant, on 26.3.1990, to the Headmaster of the fourth Respondent school. However, the fifth Respondent had been appointed, as P.G. Assistant (History), overlooking the claims of the Petitioner and contrary to the procedures established by law. In such circumstances, the Petitioner had preferred the present writ petition, under Article 226 of the Constitution of India.