R RENGASAMY Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE petitioner who was working as a Secretary of National (N.V.S.) Aided Primary School at Tharangapadi, filed the present writ petition, seeking to challenge an order dated 29.12.2010 passed by the third respondent, District Elementary Educational Officer, and seeks to set aside the same with a further direction to the respondents to pay the Grant in Aid towards the salary of teachers and other staff and also to approve the appointment of the petitioner as a Secondary Grade Assistant as ordered in W.P.No.348 of 2008.

(2.) BY the impugned order, the third respondent informed the petitioner that since the Secretary of the School did not adhere to the rules framed under the Tamil Nadu Recognised Private Schools Regulations Act, 1973 and the rules made thereunder, the direct payment system was resorted to for three months from September, 2010. Subsequently, the petitioner had claimed Secretaryship of the School management. But for renewing the school committee, appropriate recommendation from the Additional Assistant Educational Officer was not sent. The petitioner had obtained B.Ed degree from the institution which was not recognised by the U.G.C and also had appointed himself as a Secondary Grade Assistant. Despite the directions by the department, he had not cancelled the said appointment and since he was continuing to function disregarding the Act and Rules, the fourth respondent was directed to draw pay for teachers and disburse the same to the teachers directly.

(3.) IT must be noted that the petitioner was the Secretary of the school agency. He himself had appointed himself in the said school. But subsequent to the direction issued by this court, a show cause notice was given to the petitioner on 30.8.2010 stating that B.Ed degree was obtained by him from the University which was not recognised by the UGC and that he had also not followed the relevant rules in filling up the post. By a further memo, dated 20.9.2010, it was informed that the petitioner being the Secretary of the School had given it in writing that he will abide by the Act, Rules and the order of the Government from time to time. While filling up the vacancies for teachers for classes 1 to 5 of primary school, necessary ratio of male and female teachers were not followed and that contrary to the guidelines, male teacher was appointed. When the show cause notice was given, the petitioner had claimed that he had obtained B.Ed degree from Bharathiya Shiksha Parishad in Uttar Pradesh and that institute was recognised by the UGC. With reference to not adhering to the Government G.O.Ms.No.197, School Education Department, dated 21.7.2000, the ratio between male and female teachers, the petitioner did not give any explanation. Since his action was contrary to Section 14(2), his proposal cannot be accepted. Further, the petitioner school also did not make appropriate renewal for constitution of school committee. IT was also stated that the building licence, health certificate were not obtained. Therefore, the direct payment system was resorted to.