CORRESPONDENT, ST JOSEPHS HIGH SCHOOL Vs. STATE OF TAMIL NADU, SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND ORS

JUDGEMENT

(1.) The Petitioner is the Correspondent of St. Joseph's High School, Pilankalai, Mulagumoodu, and Kanyakumari District. He has filed the present writ petition, seeking to challenge the order of the Joint Director of School Education (Secondary Education), the third Respondent dated 18.05.2010 and after setting aside the same seeks for a direction to Respondents 1 to 3 to consider and pass orders on their proposal dated13.12.2004 for grant of exemption from the requirement of5 years teaching experience for the appointment of Rev. Fr. Varghese Thomas as the Headmaster of the Petitioner School and also to direct the 5th Respondent District Educational Officer to give approval to the said appointment and disburse the grant-in-aid towards his salary with effect from 02.06.2004.

(2.) When the matter came up for admission, on behalf of the Respondents, Mr. S.C. Herold Singh, learned Government Advocate took notice.

(3.) It is seen from the records that the Petitioner's school by an order dated 02.06.2004 appointed one Rev. Fr. Varghese Thomas as Headmaster of the School on probationary basis and on a consolidated pay with effect from 02.06.2004 till the date of his completion of 5years experience and thereafter as Headmaster in the regular scale of pay. The said appointment was made due to the retirement of one Tmt. Hepsi Darmanayagam, who got retired as Headmistress from the school on 31.05.2004. Thereafter, the Petitioner School sent a proposal to the5th Respondent for approval. The school also sent are presentation dated 13.12.2004 to the first Respondent seeking for exemption from the minimum qualification for the said teacher for holding the post of Headmaster. It was an admitted case that the said person did not have five years experience in the post of teacher.