A PONNU Vs. CHIEF EDUCATION OFFICER

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) This writ petition has been filed for the issuance of a writ of certiorarified mandamus, to call for the proceedings dated 18.10.2000 in ep/K/vz;/4437/m5/2000 passed by the first respondent, quash the same and direct the first respondent to appoint Headmaster in accordance with the procedure laid down under Rule 15(4) of Tamil Nadu Private Schools Regulation Rules, 1974.

(3.) Certain factual backdrop is necessary to be noticed. The petitioner is working as Secondary Grade Teacher for more than 25 years under the second respondent/school. The post of Headmaster was vacant (w.e.f. 1st June,1993 due to the retirement of the previous Headmaster). At that stage, the father of the petitioner was the Secretary and correspondent of the second respondent school. The third respondent was selected and appointed to join as a Headmistress. She joined duty on 03.06.1993. On 18.16.1993, permission was accorded by the educational authorities to approve appointment of third respondent. On 21.07.1993, the present petitioner filed an appeal to the Chief Educational Officer who was the competent authority to decide at that stage. The appeal was allowed on 25.11.1994 mainly on the ground that the third respondent was not qualified to be appointed as Headmistress as she did not have the requisite five years experience as secondary grade teacher. It was also observed at that stage, that since she was an outsider, prior approval has to be obtained before appointing her. This order passed by the appellate authority was challenged by the present writ petitioner in W.P.No.10503 of 1994, wherein her main contention was to the effect that the appeal has to be disposed of without giving opportunity of hearing the petitioner as well as to the school committee. The writ petition was allowed on 14.01.2000, and the matter was remanded to the authority for fresh consideration. Thereafter, the appellate authority rejected the appeal by order dated 18.10.2000, on the ground that appeal had not been filed within stipulated period of 30 days as contemplated under Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. This order has been impugned in the present writ petition.