M MARTIN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the order of 1st Respondent in G. O. Ms. No. 104 School Education Dept. dated 12. 07. 2002 and consequential G. O. Ms. No. 39 School Education Dept. dated 21. 3. 2003 and to direct the Respondents to appoint the Petitioner as Agriculture teacher.

(2.) FACTS in nutshell are as follows:-5th Respondent School is a minority school run by Minority Educational Agency viz. , MSC Schools of Marthandam. In the 5th Respondent's school, vacancy arose due to retirement of Agriculture teacher by name Sajojini. In the said vacancy, Petitioner was appointed as Agriculture Teacher on 02. 06. 2004.

(3.) CASE of the Petitioner is that Petitioner was appointed as Agriculture Teacher in the retirement vacancy which is a sanctioned post. It is averred that since 5th Respondent School is a Minority School and therefore, it does not require prior permission from the Government for appointment of a teacher in the retirement vacancy of already sanctioned post under Rule 15 (4) of Tamil Nadu Private Schools Regulation Rules. 5th Respondent School after appointing the Petitioner as Agriculture Teacher on 02. 06. 2004, sent its proposal for approval of the appointment to 4th Respondent on 10. 11. 2004 and requested to approve the appointment of the Petitioner and pay salary from the date of the appointment. Approval of the Petitioner's appointment was not granted on the ground that there is a ban imposed by the 1st Respondent in G. O. Ms. No. 39 dated 21. 3. 2003.