K VENKATESALU Vs. K BHANUMATHI

JUDGEMENT

(1.) The first respondent herein was appointed as Secondary Grade Teacher on 18.04.2005 and her services were regularised on 01.06.2006 and her probation was also declared with effect from 31.05.2008. When she was waiting for promotion to the post of Elementary School Headmaster (Telugu medium) school, the Assistant Elementary Educational Officer, Kelamangalam prepared a panel for promotion to the post of Elementary School Headmaster (Telugu) as on 01.01.2017 for minority primary schools. So far as inclusion of the appellant herein in the panel is concerned, the first respondent has given a representation dated 08.06.2017 to the authorities not to promote the appellant.

(2.) The first respondent filed a writ petition before this Court in W.P.No.16121 of 2017 with a prayer to consider the said representation and by order dated 28.06.2017, the learned single Judge gave a direction to the authorities to consider the representation of the first respondent on merits and in accordance with law, without going into the merits of the case. The said order is under challenge in this writ appeal by the appellant / fifth respondent in the writ petition.

(3.) The learned counsel for the appellant has submitted that before the learned single Judge, the first respondent herein / writ petitioner has suppressed the material facts and has obtained an order to consider her representation by the authorities; had the appellant been given an opportunity, he would have established his case before the learned single Judge that he is fully qualified and eligible to be promoted as the Headmaster of the Telugu Medium Panchayat Union Primary School at Kadalakka Sandiram, Keelamangalam Union. He further submitted that the appellant has obtained Diploma in Teacher Education in July 2000 and has also completed B.Lit (Tamil) in the University of Madras in May 2009. Thereafter, he also pursued the degrees in B.A.(English) Literature and B.A.(Telugu). Added to this, he also pursued the degree in B.Ed.(English) from the Annamalai University and the degree in M.A. Arts (English) from the University of Madras, according to the counsel for the appellant.