G. RAGUNATH Vs. THE DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THIS Writ Petition has been filed to quash the impugned order of the second respondent and for consequential direction to the the respondents to approve the appointment of one Mr. R. Saravana Babu as Secondary Grade Teacher in the petitioner school, from the date of appointment i.e. 20/02/2012 and to pay all necessary attendant financial benefits like salary with arrears and all other emoluments.

(2.) THE case of the petitioner as given in the affidavit filed in support of this writ petition is that the petitioner school is fully Government aided school established and approved by the District Educational Officer in its Proceedings dated 24.11.1954. The present strength of the school is 183 comprising of 88 boys and 95 girls. The school is having standards from First to Fifth. The approved strength of school is one Headmaster and four Secondary Grade Teachers, altogether five. The present strength of the school is one Headmaster and three Secondary Grade Teachers and that one vacancy of Secondary Grade Teacher arose with effect from 01.05.2011 on the resignation of one K.Vanitha, Secondary Grade Teacher. The Headmaster of the petitioner school is a Male and the remaining three Secondary Grade Teachers are female. The petitioner school has appointed one Mr. R. Saravana Babu on 20.02.2012 by following the roaster system as prescribed by the School Education Department. The second respondent has given permission vide his proceedings dated 31.01.2012 to fill up the vacancy as per the norms. Accordingly, the petitioner school called for names from the Employment Exchange and out of the names recommended by the Employment Exchange, one Mr. R. Saravana Babu was considered along with other candidates and got selected based on merits on 20.02.2012 and he was duly appointed as Secondary Grade Teacher by the petitioner school vide proceedings dated 20.02.2012 and since then he has been working as Secondary Grade Teacher. But the second respondent vide proceedings dated 11.07.2012 has rejected the approval of the said appointment of Mr. R. Saravana Babu holding that the petitioner school did not follow the 1: 3 Male/Female ratio as provided in G.O.Ms.No.197 School Education Department dated 21.07.2000. The petitioner has filed this writ petition with the above said prayer.

(3.) AT the time of final hearing of the writ petition the learned counsel appearing for the petitioner would submit that the issue involved in the writ petition is squarely covered by the number of orders passed by this Court wherein this Court allowed the writ petitions similar in nature and ultimately directed the respondent to approve the appointment of Secondary Grade Teacher made by the aided schools. He also made a reference to the few judgments namely W.P.No.3355 of 2010 dated 18.11.2010, in the case of S.Elamparithi vs. The Director of Elementary Education and three others, and another order of this Court made in W.P.No.19473 of 2012 dated 03.08.2012 in the case of G.Manimegalai vs. The Director of Elementary Education, Chennai and two others. Therefore, according to the learned counsel for the petitioner in the light of the orders passed by this Court the petitioner is entitled for the benefit of that orders thereby the appointment of Mr. R. Saravana Babu, made by the petitioner should be approved by the second respondent.