D JEYASELVI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 18. 5. 1993 passed by a learned single Judge in W. P. No. 16097 of 1991. Learned single Judge has quashed the order of the Appellate Authority and the decision of the selection Committee and remitted the matter for fresh consideration.

(2.) THE facts of the case are as follows: THE appellant and the 6th respondent were considered for filling up of a post of Headmistress in the 5th respondent School. THE Selection Committee selected the appellant. Consequently, the 6th respondent challenged the order of the Selection committee before the Appellate Authority under the provisions of the Tamil Nadu recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as the act ). THE Appellate Authority set aside the decision of the Selection Committee and directed that the 6th respondent herein should be appointed as Headmistress of the 5th respondent School. Aggrieved by the order of the Appellate Authority, the appellant herein approached this Court under Art. 226 of the Constitution. Learned single Judge has not only found fault with the decision of the selection Committee, but has also held that the Appellate Authority is not justified in directing the School Committee to select the 6th respondent herein. Accordingly, learned single Judge has set aside the order of the appellate Authority and also the decision of the Selection Committee and has remitted the matter to the Selection Committee for fresh consideration.