M KALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order dated 20.10.2009 passes by the second respondent and direct the respondents to approve the appointment of the petitioner as Middle Grade Assistant in the fifth respondent school w.e.f. 01.01.2001 or 01.06.2002 as per G.O.Ms.No.79, School Education, dated 14.06.2002 with all consequential benefits.

(2.) THE case of the petitioner is that the fifth respondent is an aided school granted recognition in terms of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. THE petitioner passed M.Sc., B.Ed., and registered her name in the District Employment Exchange and was appointed as a Secondary Grade Teacher in the fifth respondent-School from 1.6.1999, pursuant to the school committee resolution dated 27.5.1999. THE regular vacancy arose on 16.11.2000 due to the retirement of one S. Bagyajothi Pichaipalam on 15.11.2000. THE management has to fill up the vacancy after obtaining permission from the District Elementary Education Officer, Thirunelveli and in anticipation of permission to be granted, the petitioner was appointed as Secondary Grade Teacher in the sanctioned post on 1.1.2001. THE school submitted the proposal for approval on 4.10.2001 and there was no reply. On 11.3.2005, the management requested the upgradation of the Secondary Grade Teacher post as B.T.Assistant in the light of G.O.Ms.No.189, School Education, dated 4.6.1998 and prayed for approval of the petitioner"s appointment, for which also, there was no response.

(3.) IN the light of the said submission, the writ petition is disposed of, giving direction to the first respondent to consider the request made by the petitioner dated 14.6.2011 seeking relaxation of the Rule/Government Order giving direction to appoint teachers in an aided school through employment sponsorship within a period of four months from the date of receipt of a copy of this order and after receipt of the order from the first respondent, the third respondent is directed to consider the claim of the petitioner seeking approval from 1.6.2002. No costs.