SECRETARY V A M RETHINAM HINDU NADAR MIDDLE SCHOOL Vs. ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner is the Secretary of the V. A. M. Rethinam Hindu Nadar Middle school at Tuticorin District. In the present writ petition, the petitioner is seeking for a direction to the second respondent District Elementary educational Officer to grant approval for the appointment of G. Athiappan as headmaster of the School with effect from the date of his appointment, viz. , 24.12.2002 and also to release necessary grant.

(2.) The petitioner is admittedly a non-minority school and the headmaster of the School I. Selvaraj went on voluntary retirement on 20.3.2002 and the post was vacant from that date. All the teachers working in the said school were Secondary Grade Teachers and there were no graduates. It necessitated the petitioner school to appoint a graduate teacher from obtaining names from the Employment Exchange. It also sought permission from the district Educational Officer. By an order dated 04.10.2002 issued by the first respondent Director of Elementary Education, the petitioner school was allowed to fill up the post with a graduate teacher. The second respondent also granted permission to fill up the post with senior most person with graduate qualification, who has 5 years experience as Middle School Headmaster. In the meanwhile, the petitioner, after obtaining the list from the Employment exchange, appointed G. Athiappan as the Headmaster. Only when they sought for approval for the said person, proposals were returned by the second respondent stating that no approval was obtained for taking candidate from open market. The second respondent granted approval for filling up the post in open market and by direct recruitment. The second respondent expressed a doubt whether a graduate in B. A. Economics can be appointed and he sought for opinion from the first respondent. The first respondent stated that since already the Rules were clear, it is the duty of the second respondent to abide by their duties and need not seek for any clarification. In the meanwhile, the said person's appointment was forwarded and the request was renewed by the school management. As on this request, no order came to be passed by the respondent which forced the School Management to file the present writ petition.

(3.) I have heard the arguments of Mr. Issac Mohanlal, learned counsel appearing for the petitioner and Mr. V. Rajasekaran, learned Special Government pleader representing the respondents and have perused the records.