P MANIVANNAN Vs. DIRECTOR OF SCHOOL EDUCATION CHENNAI

JUDGEMENT

(1.) THE petitioner is an aspirant for the post of headmaster in the third respondent school. The third respondent school is a Sports Higher Secondary School, which is an aided private school in terms of the Tamil Nadu recognised Private Schools (Regulation) Act 1973 and the rules framed thereunder.

(2.) EARLIER when the third respondent appointed one jayakumar, his appointment was challenged in various proceedings and respondents 1 and 2 refused to grant approval to the appointment of the said Jayakumar. Finally after protracted litigation, the first respondent/director of School Education was directed to consider the said issue as to the qualification of the said Jayakumar to hold the post. By an order dated 2. 8. 2007, the first respondent/director held that the said Jayakumar was not qualified to hold the post of Headmaster and only the petitioner is fully qualified. Therefore, the appointment made in favour of the said Jayakumar was set aside.

(3.) SUBSEQUENT to the said order, the third respondent school appointed the fourth respondent J. Ratnasigamani, a post-graduate teacher, as Headmaster of the school. While appointing the fourth respondent, it was stated that he has seniority and ability and accordingly he was desirable to hold the post of Headmaster of the third respondent school. It is this order which is under challenge before this Court. Further the petitioner also seeks for a direction to implement the second respondent's order dated 24. 6. 1998 wherein the petitioner was directed to be appointed as an headmaster. A reading of the said order dated 24. 6. 1998 only reveals that the application of the petitioner will have to be considered in accordance with the Rule by the school Management and the Correspondent was advised accordingly.