V THIRUVENGADAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for records in respect of the proceedings bearing Na. Ka. No. 292/a3/2001 dated 13. 3. 2001 of the Additional Assistant Elementary Education Officer, Katpadi, the 4th respondent and quash the same and direct the respondents to restore the petitioner to the post of Head Master of the Kalvi Ulagam, Sivanandam Aided Elementary School, Kilithanpattarai, Katpadi-632 007, Vellore District from 31. 10. 2000 with continuity of service and payment of arrears of salary and all other attendant benefits.

(2.) PETITIONER joined the services of the fifth respondent school as Higher Grade Teacher on 3. 1. 1979. On 1. 9. 1979, petitioner was upgraded as Secondary Grade Teacher and thereafter, he was appointed as Head Master on 1. 7. 1983. According to the petitioner, there was a change in management. Certain dispute arose between the petitioner and the new management with regard to utilization of funds. According to the petitioner, he was taken to the residence of the 5th respondent, where petitioner was forced to give a letter of resignation dated 19. 5. 1999. The petitioner states that the said letter of resignation is addressed to the Manager of the fifth respondent School. He also states that no action was taken on the basis of the letter of resignation for several months. In November, 2000, the petitioner came to know that in the place of the petitioner some other person is likely to be promoted as Head Master and therefore, petitioner made a representation on 8. 11. 2000 stating the reason as to why a handwritten resignation letter was given on 19. 5. 1999 with a request not to act upon the resignation letter and to allow the petitioner to continue as Head Master. Consequent to the resignation letter dated 19. 5. 1999, the fifth respondent school wrote a letter to the Additional Assistant Elementary Education Officer, Katpadi, the fourth respondent seeking approval of the resignation of the petitioner from the post of Head Master with effect from 31. 10. 2000 and to continue him as Secondary Grade Teacher from 1. 11. 2000. A copy of this proceedings was not communicated to the petitioner. By letter dated 19. 12. 2000, the 5th respondent appointed the sixth respondent as Head Master with retrospective effect from 1. 11. 2000. The sixth respondent's service register was sent to the 4th respondent for his approval and endorsement in the service register. In order dated 13. 3. 2001 in Na. Ka. No. 292/a3/2001, the appointment of Mr. Selvanathan, the sixth respondent, as Head Master with effect from 1. 11. 2000 was approved by the fourth respondent based on the reversion of the petitioner from the post of Headmaster. The writ petition is filed challenging the said order dated 13. 3. 2001 as contrary to the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974, in particular, Thiru Sridhar, counsel appearing for the petitioner stated that the impugned order is violative of Rule 17-A which reads as follows:-

(3.) LEARNED counsel for the petitioner pointed out that the Rule 17-A of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974 (herein after referred to as "the Rules" has been violated in pith and substance and the procedure prescribed has not been followed and therefore, the impugned order has to be set aside.