MARTHANDAM HINDU PRIMARY SCHOOL REP. BY ITS SECRETARY M. GANESAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUNELVELI

JUDGEMENT

(1.) THE prayer in the Writ petition is to quash the order dated 07.10.2010 rejecting approval of appointment of one Saravana Kalai Jyothi as Secondary Grade Teacher in the petitioner school from 08.04.2010 and direct the first respondent to approve the said appointment with effect from 08.04.2010.

(2.) IT is the case of the petitioner that the petitioner school is a recognised private aided primary school governed by the Government of Tamil Nadu. Totally 250 students are studying in the school and 7 teaching posts are sanctioned. Due to the voluntary retirement of erstwhile Headmaster S.Swamy on 01.09.2009, the post of Headmaster fell vacant in the School. Thereafter, the senior most teacher one Sudha is promoted to the post of Headmaster from 04.01.2010 and due to that, one Secondary Grade Teacher post fell vacant on the same date. Hence, the petitioner made a representation seeking permission to fill up the aforesaid vacant post to the respondent and the same was permitted. Pursuant to the said permission, the petitioner school made paper publication on 12.03.2010 in Dhina Malar Edition calling for the list from the District Employment Office, Tirunelveli, for the selection of Arunthathiyar candidate. The District Employment forwarded the list of 5 candidates, calling them to attend the interview held on 17.03.2010, but none of the candidates had attended the interview. The School again sent a letter to the District Employment Officer and also effected paper publication in Malai Malar, dated 31.03.2010. But no Arunthathiyar candidate has come to the interview and therefore, one Miss I.Saravana Kalai Jyothi belongs to scheduled caste Hindu Paravan) is selected and appointed on 08.04.2010 to the post. The petitioner's school sent necessary papers for the approval of appointment of said Saravanan Kalai Jyothi to the respondents on 08.04.2010, but the same was returned on the ground that the candidate appointed does not belongs to Arunthathiyar.

(3.) HERE it is the specific case of the petitioner that no SC Arunthathiar candidate sponsored by the Employment Exchange, appeared for selection. In the absence of any SC Arunthathiyar community candidate for selection and the vacancy having been directed to be filled up by SC candidate in the absence of SC Arunthathiyar candidate by the G.O.cited supra, the impugned order passed by the 1st respondent rejecting the approval cannot be sustained.