S SIVALINGA Vs. CHIEF EDUCATIONAL OFFICER ERODE DISTRICT

JUDGEMENT

(1.) The petitioner seeks for the issue of a writ of Mandamus directing the first respondent to appoint the petitioner as a Secondary Grade School Teacher with retrospective effect from 1st August 1997 and grant back-wages with attendant benefits by reckoning the date of appointment notionally as 1st August 1997 and also award 24% interest on the back-wages apart from costs.

(2.) The petitioner is stated to be a person belonging to Adi Dravidar community hailing from a poor family. It is stated that surmounting all the handicaps, he was able to get himself qualified as B.A., B. Ed. in the year 1987. It is also stated that he passed all the academic courses up to B.Ed. in Kannada medium.

(3.) The petitioner got his name registered with the employment exchange as from 13.7.1987 and got it re-registered in the year 19 89. It is stated that he got an opportunity to be considered for appointment as a Secondary Grade Teacher only on 30.4.1997. However, that opportunity did not fructify into an appointment, since, by a communication dated 3.11.1997, the petitioner was informed that since there were Secondary Grade Teachers in Kannada medium available for being appointed, the petitioner, who is qualified for the post of Graduate Teacher, could not be considered for appointment. Then, again, in the year 2000, the petitioner was called upon to attend an interview for the post of Assistant Warden-cum-Tutor by the third respondent. The petitioner has stated that though he attended the interview and his name was included in the waiting list, he did not get that appointment also. Subsequently, on 8.3.2001, there was another call for an interview issued to the petitioner. Here again, by a communication dated 3.9.2001, the said offer was also turned down on the ground that qualified Secondary Grade Teachers were available and that there was no communication from the Government to consider the appointment of the Graduate Teachers in the place of Secondary Grade Teachers' post. It was in these circumstances, the petitioner has come forward with the present writ petition with a prayer mentioned above.