R VEERABADHRA PILLAI Vs. TRIBUNAL FOR RECOGNISED P SCHOOLS SUBORDINATE JUDGE PERIYAKULAM MADURAI DISTRICT

JUDGEMENT

(1.) THE petitioner R. Veerabhadra Pillai, having the educational qualifications, namely, B. A. (Tamil), B. Sc, (Botany) and B. T. joined as a B. T. Science Assistant in Zamindarani Kamulammal Memorial Higher secondary School (then known as Victoria Memorial High School) of which the secretary and Correspondent of the school committee is the third respondent) on 9. 6. 1960. Similarly the 4th respondent R. Kamaraj, having educational qualifications, namely, B. Sc, and B. Ed. , joined as a B. T. Science Assistant in the third respondent'' s school on 25. 8. 1975. THE petitioner, while functioning as such, obtained Post Graduate Degree, namely, M. A. in Tamil in 1964. Likewise, the fourth respondent also got the Post-Graduate degree, that is, M. A in Tamil in 1978.

(2.) . During the academic year 1978-79, Government of tamilnadu by its G. O. Ms. No. 2464, Education, dated 19. 11. 1977 upgraded many a high School in the State of Tamilnadu as Higher Secondary Schools, with a new pattern of education called ' ' Plus 2 system. ' ' In connection with the implementation of the scheme of Higher Secondary education, the Government of Tamilnadu also issued G. O. Ms. No. 1091 Education dated 15. 6. 78 wherein the qualification for the teachers of the academic subject was prescribed as post graduate degree in the particular subject to be handled in the Higher Secondary Classes with the Training qualification of B. Ed. /b. T. As per the said G. O. , while selecting fully the qualified persons for manning the posts of Tamil teachers for Higher Secondary Classes, the order of priority as mentioned below has to be followed: "1. Tamil Vidwan or Pulavar holdingposts of Tamil pandit in High Schools. M. A. (Tamil)+b. Ed. 2.-do- -do- M. A. (Tamil)+pandits Training orsecondary grade Training 3. B. A. (Tamil) M. A. (Tamil) + B. Ed. 4. Degree in subject other than Tamil (working as B. T. Assistant in subjectother than Tamil) M. A. (Tamil) + B. Ed. The said G. O. has also permitted B. T. Assistants working in High schools to handle Higher Secondary Classes, the subjects in which they had obtained the basic degree if sufficient number of teachers with the requisite qualifications were not available. Such an induction is however subject to the condition that they will become ineligible to handle Higher secondary Classes, when a person with Post Graduate qualification in the required subject with B. Ed. /b. T. becomes available.

(3.) ONE Doraipandian Tamil Pandit of the third respondent'' s school filed W. P. No. 4323 of 1984 on the file of this Court praying for issue of a writ of certiorarified mandamus to quash the impugned order of the first respondent and consider him for appointment of Post-Graduate teacher in Tamil language and this Court admitted the said writ petition and also passed ad interim stay of operation of the impugned order dated 23. 4. 1984 in w. M. P. No. 6767 of 1984. The District Educational Officer, Periyakulam by his proceedings Na. Ka. No. l0028/g/84, dated 24. 6. 84 decided to grant retirement benefits only on the basis of the salary drawn by the petitioner as an inducted teacher till the disposal of the said writ petition. The petitioner, in his turn, feeling that his interest is also affected, resorted to the present action under Art. 226 of the Constitution praying for issue of a writ of certiorari to quash the impugned order of the first respondent.