LAWS(MAD)-2012-12-289

P.ASHOK KUMAR Vs. CHIEF EDUCATIONAL OFFICER

Decided On December 14, 2012
P.ASHOK KUMAR Appellant
V/S
CHIEF EDUCATIONAL OFFICER Respondents

JUDGEMENT

(1.) IN in W.P.(MD)No.11609 of 2010, the petitioner challenges the order of the

(2.) ND respondent, dated 21.07.2010 rejecting approval of the petitioner's appointment as Physical Education Teacher (P.E.T) at the 3rd respondent school and consequently, seeking for a direction to the respondents 1 and 2 to approve his appointment with effect from 24.06.2009. 2.In W.P.(MD)No.11610 of 2010, the petitioner challenges the order of the 2nd respondent, dated 21.07.2010 rejecting approval of the appointment of the petitioner as B.T. Assistant (Tamil) at the 3rd respondent school and consequently, seeking for a direction to the respondents 1 and 2 to approve his appointment with effect from 24.06.2009.

(3.) THE 2nd respondent, in both the writ petitions, filed a separate counter affidavits. It is stated that the 3rd respondent school sought for permission from the first respondent for filing up the respective posts and through proceedings, dated 16.05.2009, the first respondent accorded permission to fill up the said posts by categorically stating that the appointment should be made from the persons belonging to the Schedule Caste with further three conditions. Under condition No.3, it is stated that as per G.O.Ms.No.65, dated 27.05.2009, the management should follow the communal roster, while filing up the said posts. Reservations were made to Arunthathiyar Community on preferential basis and accordingly, the 3rd respondent school should have filled up the posts only from the candidates, who belongs to SC (Arunthathiyar). As the appointments made by the 3rd respondent were against G.O.Ms.No.65, dated 27.05.2009, the approval sought for was not granted.