L. HEMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed for a Writ of Mandamus directing the District Elementary Educational Officer to approve the appointment of the petitioner as Secondary Grade teacher in the sixth respondent school from 5/6/2008 to 31/5/2012 and disburse grant-in-aid towards her salary and other monetary benefits.

(2.) The brief facts of the case are that the sixth respondent school is a Private Aided Minority School and it is administered by the fifth respondent Parish Council of St. Andrew's Church, Mela Manakudi, Kanyakumari District. The fifth respondent Parish Council is maintaining a waiting list for registering the names of the candidates, who are only from the Parish of Manakudi aspiring for employment in the sixth respondent school and another school. The candidates would be appointed based on their seniority in the waiting list. The petitioner had registered her name in the waiting list maintained by the fifth respondent in the year 2004. The 9th respondent, namely, C.Ancy Nishanthini, registered her candidature in the waiting list in the year 2005.

(3.) The sixth respondent school appointed one B.Jeyoni Leena Suji, being in Serial No.1 in the waiting list, on 7/2/2005 in the vacancy caused due to the death of the then incumbent, Mrs.D.Xavier Mary. The subsequent candidates in Serial Nos.2 and 3 relinquished their rights in seeking appointment in view of obtaining job in the Government service. The petitioner was appointed in the school on 5/6/2008 and C.Ancy Nishanthini/9th respondent was appointed in the year 2011. Thereafter, the sixth respondent school has not appointed any person in view of shortage of students strength.