R KUTTISWAMY Vs. JOINT DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE writ appeal is filed against the order of the learned single judge dismissing the writ petition wherein it was filed against the order of the 1st respondent dated 9.5.2002 rejecting the appeal petition of Thiru R. Kuttisamy dated 24.8.1994 on the ground that the District Educational Officer, Mayiladuthurai passed an order on 8.8.1994 approving the appointment of the petitioner with effect from 1.2.1994 and on the ground that the appointment of the petitioner was made without obtaining the prior permission of Chief Educational Officer, Nagai and the appointment was not made as per Rule 15(4) of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974. THE order of the District Educational Officer was passed on the basis of the order passed by this Court dated 26.7.2001 in W.P.No.12117/1995 wherein the above said writ petition was filed against the order of the District Educational Officer dated 8.8.1994 in which the appointment of the petitioner was approved with effect from 1.2.1994 on the ground that against the order of appointment of the writ petitioner, two persons have filed appeals and those appeals were withdrawn on 1.2.1994. After withdrawal of the appeals, the order of approval was passed dated 8.8.1994, against which the appeal was filed. THE appeal was rejected confirming the order of the District Educational Officer by order dated 9.5.2002 against which the Writ Petition was filed. THE learned single Judge on consideration of the provision of law contained in Rule 15(4) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 which stipulates that for filling up the vacancy, approval of the Department is a must and no approval is obtained from the Department before appointing the writ petitioner and the since the third respondent school is the appointing authority, liability solely vests with the school and department only gives grant in the case of any such appointment, rejected the Writ Petition. Against which the present Writ Appeal is filed.

(2.) HEARD the learned senior counsel for the appellant and the learned Additional Government Pleader.

(3.) THE decision of the learned single Judge of this Court rendered in A.MURUGESAN V. STATE OF TAMIL NADU (2007 (4) MLJ 561) holding that rule 15 of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 will apply only to teaching staff and with regard to the appointment of non-teaching staff, there is no need to get prior permission from the educational authorities is also brought to our notice.