D SEKARAN Vs. DIRECTOR OF SCHOOL EDUCATION MADRAS

JUDGEMENT

(1.) BY consent of both parties, the main writ petition itself is taken up for final hearing. Heard Mr.K. Chandru, learned counsel appearing for the petitioner and Mrs.B. Saraswathy Prasad, learned Additional Government Pleader (Education) for the respondents.

(2.) THIS writ petition has been filed for issue of a writ in the nature of certiorarified mandamus, to call the records from the first respondent- The Director of School Education, Madras-6, pertaining to his proceedings in reference No.Na.Ka. No.1815/D2/89, to quash the same and to direct the respondents to forbear from terminating the services of the petitioner as Wood Works Instructor from the third respondent school and for costs.

(3.) IN view of the same the first respondent had not approved the post of the petitioner and has also directed the second respondent to fill up the post with a fully qualified candidate in his post. This Court in W.M.P. No.3165 of 1990 granted interim stay of the said communication. It is contended that the petitioner belong to Scheduled Caste community and he studied upto 9th standard in V.M. Board High School, Periakulam. Subsequently, he joined the INdustrial Training INstitute, Sengottai in the carpentry trade and qualified himself in the said trade. After obtaining the I.T.I, certificate, the petitioner joined the teacher training course in Pasumalai and obtained Technical Teacher Certificate. Subsequently, under the open school education system, the petitioner appeared for the secondary school certificate examination in 1986, but he failed in that examination. With all the educational qualifications that the petitioner had he got himself registered in the employment exchange on 10.2.1985. The third respondent-school is a private school within the meaning of Sec.2(7) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. This school is also receiving Government aid and the staff salary is assessed for cent per cent grant. Under Sec. 19 of the Act, the Government is empowered to prescribe qualifications for teachers and other persons employed in the private schools. Accordingly, the Government of Tamil Nadu by virtue of the powers vested under Sec.56 have framed rules called as the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. Under Rule 15(6), the Government has directed the persons employed in private schools should possess the qualification specified in Annexure V of the Rules. Under item 9 of Annexure-V the qualification prescribed for the post of Wood Work INstructor as (1) S.S.L.C. completed, and (2) INdustrial School Certificate and Technical Teacher's Certificate. While so, the post of Wood Work INstructor in the third respondent school became vacant and they called for a list from the District Employment Exchange, Dindigul. But by a communication dated 28.7. 1987 the said employment exchange informed that no person with completed S.S.L.C. was available and that persons with 8th standard and other technical training certificate alone was available. Accordingly, the names were also sent by the employment exchange officer by his communication dated 20.8.1987 which contain the name of the petitioner.