M SHIVKUMAR Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The appellant herein a M.Sc., B.Ed., graduate, was appointed as High School Teacher in the Management Post temporarily, on a consolidated pay of Rs.8,000/- (Rupees Eight thousand only) by the third respondent Minority Educational Institution on 29.05.2012. When the vacancy arose in the sanctioned post, the appellant was appointed in the regular post on 27.05.2013, subject to approval of the second respondent/District Educational Officer which is a requisite, under law, for any appointment in a Private School run by the Minority Institution.

(2.) As per the law prevailing at that point of time, the second respondent did not approve the appointment of the appellant in a regular vacancy, since, the appellant did not qualify himself in Teacher Eligibility Test. The same was communicated by the second respondent to the third respondent on 02.09.2013. On receipt of the said order, the third respondent Management has in turn, communicated the same to the appellant through letter dated 16.04.2014. Since, the appointment of the appellant on regular basis not approved, the Management has decided to appoint him on temporary consolidated basis through PTA (Parent Teachers Association). Accordingly, the appellant has continued as Teacher in the third respondent School. However, the said appointment was temporary with condition that he may be relieved from service with one month notice on either side. While so, his service was terminated vide notice dated 01.12.2014, informing him that due to administrative reasons, the School Committee has decided to terminate his service from 31.12.2014.

(3.) On receipt of the termination notice, the appellant has filed a writ petition in W.P.No.33061 of 2014, seeking to quash the termination order dated 01.12.2014, passed by the third respondent.