K. JAYAPRAKASH Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner has filed the writ petition praying to issue a writ of Mandamus, directing the respondents 1 to 3 to upgrade the post of Physical Director Grade-II, held by the petitioner as Physical Director Grade-I with effect from 18.06.2001 the date of his eligibility and appointment as Physical Director Higher Secondary Grade-I in the 4th respondent school allowing all attendant benefits thereto within a reasonable time.

(2.) The learned counsel for the petitioner submitted that the petitioner is fully qualified by possessing B.Sc., M.P.Ed. and M.Phil. (Physical Education) and appointed as Physical Director Grade-II in the 4th respondent school on 18.06.2001 to teach Physical Education to Higher Secondary Level. In terms of the appointment, the petitioner has been taking classes to Higher Secondary apart from High School Level. The same is also approved by all the officials respondents. The 4th respondent school is a Government Recognized Aided Higher Secondary School and a post of Physical Director Grade-I is sanctioned in terms of G.O.Ms. No. 720, Education Department, dated 28.04.1981. The 4th respondent school is established long back and functioning for more than 130 years in serving the poor and downtrodden section of the society. The said school was upgraded as a Higher Secondary School from the beginning of the introduction of +2 system. The school is having good strength from the beginning and same steadily improved. The student strength of the school at the relevant point of time was more than 2000 and at no point of time the said strength fell down. The student strength in the Higher Secondary sections is around 500 in number and the said facts are never denied in the counter filed by the 3rd respondent (The Chief Educational Officer, Thanjavur). The 4th respondent school is functioning in an extensive area and the playground earmarked alone measures about 6.5 acres and the school produced number of athletes and sports person.

(3.) The learned counsel for the petitioner submitted that the 4th respondent school is one of the oldest schools and fulfils each and every norm to get the post of Physical Director Grade-I from the date of upgrade as Higher Secondary School. However, the post of Physical Director Grade-II was not upgraded due to the reason that the incumbents holding the said position were not fully qualified. Finally, it seems, one Mr. G. Sundaramoorthy served as Physical Director Grade-II in the 4th respondent school and he too seems to be not fully qualified to be upgraded as Physical Director Grade-I. Hence, he retired as Physical Director Grade-II. Thereafter, the petitioner is a senior most teacher was appointed in his place based on seniority and merit and he took charge on 18.06.2001 as Physical Director Grade-II. In terms of G.O.Ms. No. 720 dated 28.04.1981 every Higher Secondary School is entitled to have a physical Director Grade-I is sanctioned along with the order of upgrade of the 4th respondent school as a Higher Secondary School. Though the post is sanctioned, the erstwhile teacher could not be upgraded to +2 level as he had not met with Educational Qualification which is a mandatory requirement.