S RAJARAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The prayer in W.P. No.20966/2001 is for the issue of writ of certiorarified mandamus calling for the records of the first respondent in G.O.Ms.No.5, School Education Department dated 9.1.2001 and the order dated 28.9.2001 of the third respondent and the order dated 11.10.2001 of the fourth respondent and quash the same and direct the third respondent to approve the proposal dated 7.2.2001 submitted by the fourth respondent school.

(2.) The prayer in W.P. No.6078/2002 is for the issue of writ of certiorarified mandamus calling for the records of the second respondent dated 19.1.2001 and the order dated 24.12.2001 of the first respondent granting approval for promotion of the fifth respondent based on seniority alone and quash the said orders and direct the first respondent to grant approval for promotion of the petitioner as Headmaster from 1.3.2000 on the proposal of fourth respondent dated 7.2.2001 submitted to the first respondent.

(3.) The brief facts required for disposal of these two writ petitions are as follows: The fifth respondent in W.P. No.6078/2002 joined as secondary grade teacher on 9.8.78 in the 4th respondent school. The writ petitioner (in both the writ petitions) joined the same school on 1.9.82 as secondary grade teacher. Therefore, as secondary grade teacher fifth respondent was senior to him. The writ petitioner has obtained higher qualifications like M.A., M.Ed. Therefore, his educational qualification is higher than the fifth respondent. When the post of the Headmaster became available the school committee passed a resolution recommending appointment of the writ petitioner as the Headmaster of the school as per Rule 15(4) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 since he possessed higher educational qualifications. But the District Elementary Educational Officer rejected the proposal on the ground that seniority should be considered when the merits and ability are equal and instructed that the senior most person in the cadre of secondary grade teacher shall be appointed as the Headmaster. Later on, by order dated 11.10.2001 the fifth respondent was appointed as the Headmaster, thereby, the appointment of the petitioner earlier as the Headmaster was cancelled. Hence these two writ petitions are filed for the reliefs mentioned above.