STATE OF TAMIL NADU Vs. PALLIVASAL PRIMARY SCHOOL

JUDGEMENT

(1.) By this order we dispose of only those of the writ appeals and writ petitions now before us in which the validity of part or whole of G. O.Ms. No: 155 dated 3.10.2002 and or action taken in terms of that Government Order is in issue. In this order, we will only deal with the validity of that Government Order. If in the petitions before us there are issues other than the validity of G.O. Ms. No: 155, those matters shall be listed separately for disposal of those issues.

(2.) It is convenient to set out G.O. Ms. No: 155 in question in its entirety.

(3.) In the G.O. first read above orders were issued based on the High Court order that B.Ed teachers shall not be appointed in Secondary Grade vacancies. In the order second cited, permission was granted to approve the appointment made till the issue of G.O.Ms.No.559, Education, dated 11.07.1995 subject to their appointments are otherwise in order and further orders if any by the Court in any pending case. In the G.O. third read above the condition was extended to High School and Higher Secondary Schools also. The writ petitions were filed challenging G.O.Ms.No.559 dated 11.07.1995 and G.O.Ms.No.394 dated 12.0 9.1997 (W.P.No.6388/93 etc.) and the same was dismissed by the High Court, Madras. Writ Appeals were preferred before Division Bench and final order was passed on 29.06.2001 with following directions :