JOINT DIRECTOR OF SCHOOL EDUCATION Vs. K RAJALAKSHMI

JUDGEMENT

(1.) THIS Writ Appeal has been preferred by the Joint Director of School Education (Higher Secondary), Chennai [first appellant], the Chief Educational Officer, Namakkal District (second appellant) and the District Educational Officer, Namakkal District (third appellant), against the order dated 22.2.2006 passed by the learned single Judge in writ petition No. 29256 of 2005, in and by which, the learned single Judge, while treating first respondent-writ petitioner (K.Rajalakshmi) as a qualified Teacher of the second respondent-Sankar Higher Secondary School, Sankari West, Namakkal District, also set aside the order dated 9.2.2005 passed by the first appellant-Joint Director of School Education and further directed the first appellant-Joint Director of School Education, to promote the first respondent-writ petitioner as a Post-Graduate Assistant for Commerce in the existing post, within six weeks from the date of receipt of a copy of the order.

(2.) THE main plea taken by the appellants-state is that the post of Vocational Instructor is not the feeder category (post) for promotion to the post of P.G. Assistant [Teacher] and the first respondent-writ petitioner, who was a Vocational Instructor, being not eligible, her case was rightly rejected by the authorities of the appellants-State.

(3.) IT is the further case of the first respondent-writ petitioner that the post of P.G. Teacher for Commerce in the second respondent-school, fell vacant on 13.9.1999, because of death of a teacher, when the second respondent-School made a request to the second and third appellants herein, to allow the second respondent-School authorities to fill up the vacancies from amongst the existing Full Time Vocational Teachers, by way of promotion, the second and third appellants rejected the said request of the second respondent-School, stating that the Vocational Instructors cannot be promoted as a regular Teacher without regularising their services.