V RENGANAYAGI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner?s father, who was working as Post Graduate Assistant in the fourth respondent school, died on 15.4.95 while in service. THE petitioner applied for appointment on compassionate grounds. THEre is no dispute that the scheme of appointment on compassionate ground is applicable to the fourth respondent school as well, as it is an aided school. THE petitioner is qualified in B.A. B.Ed. as well in M.A. Degrees and, as such, is eligible to be appointed as P.G. Assistant. However, for want of vacancy in the post of Post Graduate Assistant and considering the request for appointment of compassionate ground, she was appointed as a Secondary Grade Teacher on 27.3.97. A proposal was forwarded by the fourth respondent to the competent authority for approval in terms of the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act. However, by order dated 20.5.98, the proposal for approval was rejected on the ground that the petitioner was a higher qualified candidate and cannot be appointed in the post of Secondary Grade Teacher.

(2.) THE fourth respondent-school again made a further proposal on 5.6.98 for reconsideration of the proposal for approval on the ground that the appointment being made compassionately, G.O.Ms.No.394 School Education Department (D2) dated 12.9.97 shall not be strictly followed. This proposal was considered by the Chief Educational Officer, who in his proceedings dated 1.7.98 forwarded the same to the Director of School Education with his recommendations. THE said proposal and the subsequent recommendation have not been considered and no orders were passed. Hence, the petitioner is before this Court by way of the writ petition seeking for a direction to the respondent to approve the appointment of the petitioner in the Secondary Grade Teacher Post W.e.f. 27.3.97 in the fourth respondent school with all consequential benefits.