S DURAIPANDIAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus calling for the records in R. C. No. 132510/hr. Secondary Education/a2/84, dated 3rd May 1984 of the second respondent/the Director of School Education, Madras, quashing the same and directing the third respondent/the Secretary, K. A. Higher Secondary School, Arumuganeri, to promote the petitioner to the post of Headmaster in the third respondent school.

(2.) THE petitioner is a B. T. Assistant in the Department of History in the third respondent K. A. Higher Secondary School, Arumuganeri, from 1968. Subsequent to his appointment, he took the post Graduate Degree in 1978 and M. Ed. , Degree in 1983. He also claims to have passed the Account Test for Executive Officers conducted by the Tamil Nadu Public Service Commission. He has put in 31 years of service as B. T. Assistant in this School. On 31st May 1984 Mr. Anthonymuthu retired from the post of headmaster of this school. One Kuzhaikathan, a Tamil Pandit, was appointed as Headmaster temporarily. But this order has been set aside by the District Educational Officer and the post of the Headmaster of the third respondent Higher Secondary School is lying vacant. The petitioner claims that he is fully qualified for this post as per G. O. Ms. No. 720, Education, dated 28th April 1981 and he must therefore be promoted as Headmaster. But the second respondent/director of School Education has issued the impugned reference dated 3rd May 1984 laying down as one of the qualifications for promotion as Headmaster that the candidate must be a Post Graduate Assistant in the Higher Secondary School. It is the contention of the petitioner that this qualification imposed by the Director of School Education is not in accordance with G. O. Ms. No. 720, Education, dated 28th April 1981 and is without jurisdiction. He therefore prays for quashing this proceedings of the Director of School Education and for directing the third respondent/the Secretary, K. A. Higher Secondary School, Arumuganeri, to promote the petitioner to the post of Headmaster of the said school.

(3.) THE contention of the respondents is that the proceedings of the Director of School Education dated 3rd May 1984 is only explanatory in that it explains the provisions of G. O. Ms. No. 720, Education, date 28th April 1981. The said qualification according to the respondents is not contrary to G. O. Ms. No. 720, Education, dated 28th April 1981. As per this clarification issued by the Director of School Education the petitioner is not qualified to be promoted as Headmaster. His claim is therefore unsustainable.