A MURUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed challeng?ing the order of the Director of School Educa?tion, dated 22. 6. 2006 by which, appointment of the petitioner as an Office Assistant has been denied in the fifth respondent's school.

(2.) ACCORDING to the learned counsel for the petitioner, the petitioner was appointed as an Office Assistant by an order dated 19. 3. 2001 on compassionate ground in the fifth respon?dent's school and the fifth respondent has sub?mitted a proposal by his proceedings dated 2. 4. 2001 to the District Educational Officer, Thuckalay and the same was forwarded by the District Educational Officer to the Chief Edu?cational Officer by his proceedings dated 21. 8. 2001. Subsequent to the proceedings of the District Educational Officer dated 27. 9. 2002, post of Office Assistant is also sanctioned to the fifth respondent's school for the academic year 2002-2003 and subsequent to this the Chief Educational Officer, Nagercoil by his letter dated 16. 12. 2003 has directed the fifth respondent to furnish certain documents in order to get the relaxation order from the Government. That apart, by proceed?ings dated 31. 1. 2006 the post of office Assis?tant sanctioned for the academic year 2005-2006 was also allowed to continue.

(3.) ACCORDING to the learned counsel for the petitioner, subsequent to this also, the propos?als were forwarded for the approval of the ap?pointment of the petitioner, but the same has been rejected on the ground that no prior permission was sought for by the fifth respon?dent's school. As such, the approval of the ap?pointment of the petitioner cannot be permit?ted. According to the learned counsel for the petitioner, as far as the appointment of non-teaching post is concerned, it is covered by the Rule 15 of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974.