DIRECTOR OF SCHOOL EDUCATION Vs. GELDON WIFRED VIOLA

JUDGEMENT

(1.) THE issue raised in this writ appeal relates to the question as to whether an appointment to the post of Junior Grade Post Graduate Assistant in History could be rejected and consequently recognition could be refused on the ground that the appointee did not possess the basic degree in the subject (Under Graduation) in terms of G.O.Ms.720 Education Department, dated 28.04.1981 and G.O.Ms.No,361 Education Department, dated 31.12.1999

(2.) THE first respondent (hereinafter referred to as "the teacher") completed her B.A. (Economics) from Madurai Kamarajar University during the year 1982. She also copleted her B.Ed. Degree from Annamalai University under the correspondence course. She was appointed as Junior Grade Post Graduate Assistant (History) in the second respondent school on 19.01.2004 and was paid a consolidated pay of Rs.4,500/- per month. A request was made to the District Educational Officer, Tirunelveli District and the Director of School Education for approval. As there was inordinate delay in passing the orders on the said request, she made a representation on 05.07.2004 for approval. As the Director of School Education did not pass any order, she approached this Court in W.P.No,26339 of 2004 seeking a direction to dispose of the said representation. Though the learned single Judge of this Court dismissed the writ petition on 15.09.2004, the Division Bench of this Court in W.A.No,3678 of 2004 by order dated 14.10.2004, directed the Director of School Education as well as the District Educational Officer, Tirunelveli District to consider the said representation of the teacher dated 05.07.2004 and pass orders. Pursuant to the said order, the Director of School Education rejected the representation of the teacher in his order dated 28.12.2004. THE said order was passed on the ground that in terms of G.O.Ms.No,361 Education Department , dated 31.12.1999 the teachers who are appointed in the Post Graduate post should have obtained Bachelor's Degree and Master's Decree in the same subject to which they are appointed. Inasmuch as the teacher in question did not possess Bachelor's Degree in History, she was not eligible for such appointment. THE writ petition came to be allowed, giving rise to the present writ appeal at the instance of the Education Authorities.

(3.) MR. S. Rajasekar, learned Additional Government Pleader would however submit that inasmuch as G.O.Ms.No,720 Education Department, dated 28.04.1981 and G.O.Ms.No,361 Education Department, dated 31.12.1999 prescribe a minimum qualification for the said post viz., Bachelor's Degree as well as Post Graduate Degree in the subject, the teacher is not eligible, as she does not possess a Bachelor's Degree in History. In our opinion, the said submission of course is made on the basis of the impugned order in the writ petition which is totally a misconception. A careful reading of those Government Orders would indicate that the qualifications prescribed there under are primarily intended for the appointment of teachers in the Government Schools. Nevertheless Government Order contemplates that the said qualifications are also applicable in respect of aided schools as well pending amendment to the relevant rules. It is well settled in law that the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and rules made there under are alone made applicable to the second respondent-School and the qualifications are prescribed under the rules framed in exercise of the powers conferred under Section 56 of the Act. Any prescription of the qualification by way of the Government Order without amendment to the rules cannot be given effect to bind the private schools and the appointments, conditions of service, qualification are all governed by the provisions of the Act and the rules made there under. The Government Order G.O.Ms.361 Education Department dated 31.12.1999 which is questioned though has been issued in exercise of the power under Article 309 of the Constitution of India, in our opinion, that would be made applicable only to the Government Servants viz., the teachers who are employed in the Government Schools and not to the teachers in private schools, as those teachers are governed only by the provisions of the Act and the rules made there under. In the given case, as the rules contemplate only a Master's Degree in the subject for appointment of a Junior Grade Post Graduate Assistant and does not mandate a Bachelor's Degree as well in the same subject. A teacher who has secured a Master's Degree in the subject would be entitled and is eligible for appointment to the post. The rejection of the request for approval to the said post is therefore erroneous, as it was done by following the Government Order G.O.Ms.361 Education Department, dated 31.12.2009.