A THANDAVAMURTHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties. The petitioner was appointed as B.T. Assistant on 10.06.1970. At that time, he had the qualification of B.Sc. B.Ed. and subsequently the school obtained recognition as Higher Secondary School on 5.8.1978. The petitioner was upgraded and inducted as P.G. Assistant on 29.10.1985 in Mathematics in the Higher Secondary School. In course of time, he obtained Post Graduate Certificate conducted by the State Council of Education Research, Chennai and in December, 1989, the petitioner obtained M.Sc. Degree in Mathematics from Osmania University.

(2.) SUBSEQUENTLY, the post of Headmaster fell vacant in the school and interview was held by the School on 9.10.99. The School Committee selected the petitioner on the basis of merit and appointed him in the post of Headmaster. Necessary arrangement was made for approval. At that stage, an appeal was filed by the present fifth respondent. It was pointed out at that stage that the post graduate degree (M.Sc.) in Mathematics obtained by the petitioner from Osmania University was yet to be recognised and therefore, the petitioner was not eligible for the post of Headmaster. It was further pointed out that the fifth respondent was the senior most and he was senior to the petitioner and his case should not have been ignored.

(3.) LEARNED counsels for the respondents 1 to 3 and respondent No.5 have raised serious objections and contended that since the petitioner was not eligible, when the vacancy arose, the subsequent obtaining of degree would not entitle the petitioner for continuing in the post and the senior most teacher should be appointed in the post of Headmaster.