DIRECTOR OF ELEMENTARY EDUCATION Vs. A.SUSAI MICHAEL

JUDGEMENT

(1.) This Writ Appeal is directed against the order passed in WP (MD)No.722 of 2006, dated 5.7.2011, wherein, the first respondent/Writ Petitioner has challenged the order passed by the second appellant in his proceedings in Na.Ka.No.8802/a4/2002, dated 15.7.2005.

(2.) The relevant facts which are necessary for the filing of the appeal is as follows: The first respondent herein/Writ Petitioner was appointed as Headmaster in the second respondent/School on 31.05.1997 w.e.f 2.6.1997. The first respondent had five years of teaching experience. He was qualified with B.Sc, M.A., B.Ed. As he did not have the Secondary Grade Training, placing reliance on G.O.Ms.No. 559, Education Department, dated 11.7.1995, his appointment was not approved. As the approval was rejected, he was terminated from service and hence, the first respondent/Writ Petitioner had filed a Writ Petition in W.P.No.3503 of 2000, which was dismissed, against which, a Writ Appeal was filed in WA.No.1184 of 2000 which was also confirmed upholding the validity of the above said Government Order. While dismissing the Writ Appeal, an undertaking was given before the Bench that the Government had issued orders in G.O.Ms.No.155, School Education(D2department, dated 3.10.2002 stating that all the persons who were appointed before 19.5.1998 will be approved giving one month training in Child Psychology Course. Accordingly, the second appellant was requested to sponsor the Writ Petitioner for the said Course in Child Psychology as per the above Government Order. The Writ Petitioner had also made a representation to that effect on 9.5.2005. However, the same was refused by the second appellant on 15.7.2005, which is impugned inWP.No.722 of 2006.

(3.) The learned counsel for the first respondent contended that instead of recommending his name to the District Institute of Education and Training, his name was sent to the Director of Elementary Educational Officer. Therefore, the Petitioner could not get training in the Child Psychology Course as required for the post of Secondary Grade Teachers. Since there was no qualification as per the requirement, he was relieved from service on 28.2.2000.