M SUNDERSINGH Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) SCHOOL Education (D2) Department, dated 3. 10. 2002 in respect of Clause 3 (IV) insofar as it relates to the condition prescribing the appointment shall be made through Employment exchange for the approval of appointment of B. Ed Teachers in the Secondary Grade Teacher vacancy and the subsequent order of the 4th respondent dated 21. 9. 2002 and direct the respondents to approve the appointment of the petitioner as Secondary Grade Teacher with effect from 7. 1. 1998 with all service and monetary benefits.

(2.) THE brief facts of the case are that the petitioner is a B. A. ,b. Ed. , degree holder and he is qualified to be appointed as a teacher in the Government and Private Aided Schools. Petitioner was appointed as a Secondary Grade Teacher on 7. 1. 1998 in the 6th Respondent School, which is a fully aided school. As the petitioner was having higher qualification than the prescribed qualification, the management sent proposal for approval of his appointment to the 4th respondent, who in turn by order dated 6. 9. 2000 rejected the said proposal on the ground that B. Ed qualified Teacher should not be appointed in the post of Secondary Grade Teacher vacancy and only female teachers should be appointed upto 5th Standards, and that the appointment of the petitioner was not made after sponsorship through Employment Exchange.

(3.) PETITIONER challenged the said order before this Court in W. P. No. 18122 of 2000 and this Court by order dated 9. 8. 2002 observed that petitioner's case is covered by the decision of the division Bench reported in 2002 WLR 173 (Secretary and Correspondent, Uswathun Hasane oriental (Arabic) Girls Higher Secondary School v. The State of Tamil Nadu ). In the said judgment it is held that the Government shall give relief to the teachers who were appointed prior to the date of dismissal of the writ petition by the learned single Judge i. e. , on 19. 5. 1998. The said writ petition which was dismissed on 19. 5. 1998, arose due to the challenge made by similarly placed teachers and management, challenging G. O. Ms. No. 559 dated 11. 7. 1995, which prohibited appointment of the B. Ed qualified teachers in the Secondary grade Teacher vacancy. Prior to the said order, B. Ed. Qualified teachers were appointed in the secondary grade teacher vacancy and their appointments were also approved. Petitioners in the above batch of cases, who were aggrieved due to the dismissal of the writ petitions on 19. 5. 1998 filed writ appeals before the Division Bench and the Division Bench in the above referred reported judgment, taking note of the facts, held that the appointments made upto the date of dismissal of the writ petitions can be saved and the modalities as to how the said appointments can be approved by giving necessary training, among other things, shall be decided by the Government.