SIVAKASI HINDU NADARS GIRLS MIDDLE SCHOOL, SIVAKASI AND OTHERS Vs. GOVERNMENT OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) Petitioner seeks issuance of writ of certiorarified mandamus, calling for the records relating to the proceedings of 2nd Respondent in his Rc. No. 1. Dis. 45459/EG2/97 dated 24.12.1997 and quash the same and direct the Respondents to approve the Petitioner's appointment of Smt. R. Grahalakshmi as Headmistress of S.H.N. Girls Middle School, Sivakasi, on 13.9.1995 and grant salary and other benefits accordingly, or in the alternative to pay her salary as a School Assistant (B. Ed. Teacher) till she completes the five years period, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) Petitioner is a recognised School in which a vacancy arose for the appointment of Headmaster on 1.6.1994. The erstwhile Headmaster retired on 31.5.1994. As per proceedings of the District Elementary Educational Officer, Petitioner was permitted to appoint a Headmistress on permanent basis. A request was made to the District Educational Officer to send a list of qualified B. Ed. O.C. candidates for selection of appointment as Headmistress. In the communication, it was made very clear that the candidate should have five years experience either in Middle School or in High School. The District Employment Officer, after taking into consideration all aspects and qualifications and eligibilities of the persons, by communication dated 30.6.1995, sent a list of 20 eligible candidates, and Smt. R. Grahalakshmi was appointed as Headmistress from 3.11.1995. After appointment, the matter was communicated to third Respondent for approval. Third Respondent approved the same. The matter was taken to 2nd Respondent, who also confirmed the decision of third Respondent. The same is challenged in this Writ Petition.

(3.) In the various grounds that are raised in the Writ Petition, it is said that in spite of the fact that it has been communicated to the District Employment Officer regarding the eligibility of candidates, he has sent a list, it must be presumed that a candidate who was interviewed, possessed the requisite qualification. It is said that the Instruction of the Government that five years experience is necessary for appointment of Headmistress is not applicable in this case since the post fell vacant prior to the Notification. It is further said that the Tamil Nadu Recognised Private Schools (Regulation) Act also does not prescribe five years teaching experience in respect of graduate Middle School Headmaster with B. Ed. Qualification. It is said that Smt. Grahalakshmi has actually worked for more than 16 years as teacher in S.H.N. Girls English Medium School which is also under the administration and management of the same School Committee., and, therefore, if the period of service put in that School is taken into consideration the five years teaching experience qualification is also satisfied.