LAWS(MAD)-2011-1-583

A P DOROTHY Vs. GOVERNMENT OF TAMIL NADU

Decided On January 27, 2011
A.P. DOROTHY Appellant
V/S
GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY Respondents

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the order of 2nd Respondent in Na.Ka.No.59116/W/29/99 dated 12.7.2004 and to approve the PETITIONER's appointment as P.G. Assistant (Economics) in the 4th Respondent School from 07.8.1998 and to direct the Respondents to disburse the salary and other benefits.

(2.) BRIEF facts are that Petitioner passed Plus Two and underwent B.Com. Degree course in Lady Doak College, Madurai from 1982-1985 and she failed in two papers i.e. Managerial Economics and Accountancy III in B.Com. Degree. Petitioner passed M.A. (History) degree under Open University Stream of Annamalai University in May, 1993; B.Ed. Degree through correspondence course from Annamalai University in May, 1995; M.A. Economics through Open University Stream from Annamalai University in December, 1997 and M.Ed. Degree from Madurai Kamaraj University through correspondence course in April, 1999. Petitioner has also completed her B.Com. Degree in April, 2000.

(3.) RESISTING the Writ Petition, Respondents filed counter contending that G.O.Ms. No.216, P&AR Dept. dated 26.8.1997 is applicable for appointments only in Public Service and not for appointment of teachers in aided school and Petitioner cannot seek benefit of the said Government Order. According to Respondents, the order passed by the 2nd Respondent is based on the rules and regulations and the same cannot be challenged.