K RAMASUBRAMANIAN Vs. JOINT DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE writ petitioner acquired the qualification of B. Lit. in 1980 and Diploma in teaching Tamil in 1981. He was working in a Matriculation School and he could not get regular appointment in a sanctioned post. He was appointed as Tamil Pandit by the third respondent which is an aided middle school on 12-06-1988. The appointment was also approved by the Educational Authorities. The post of Headmaster fell vacant on 01-06-1993 due to the retirement of the incumbent. One Ramiah was appointed as Headmaster on 29-07-1993. Against that the petitioner field an appeal. The appeal was allowed by the Chief Educational Officer on 01-06-1994. The said Ramiah filed a revision which was allowed 19-01-1993. Against that the petitioner filed W. P. No. 1861 of 1995 and obtained stay. Pending the writ petition the said Ramiah reached superannuation and the petitioner was promoted and appointed as Headmaster on 01-09-2001. Therefore, the writ petition was disposed of finally on 12-09-2002. Subsequently, the petitioners appointment as Headmaster was approved by the authorities on 17-11-2001. Against that, the fourth respondent filed an appeal, challenging the petitioners appointment on the ground that he does not have the requisite qualification. The first respondent herein without giving any opportunity to the petitioner allowed the appeal by his proceedings dated 08-04-2003. Against this, the petitioner filed W. P. No. 14066 of 2003. The said writ petition was admitted and stay was granted. The fourth respondent also filed W. P. No. 16695 of 2003 for a mandamus directing the respondents for a direction to the respondents to promote him as Headmaster. On 05-09-2003, both the writ petitions were taken up together and this Court remanded the matter to the first respondent for deciding the issue after giving the petitioner an opportunity. Thereafter the first respondent passed the impugned order on 17-05-2004 holding that the petitioner was not entitled to be promoted as Headmaster. Against this, the present writ petition has been filed.

(2.) THE learned Senior Counsel raised four objections to the impugned order.

(3.) THE following decisions were referred to.