SUSILA Vs. KALYANI; COMMISSIONER, MADURAI CORPORATION AND THE CHIEF EDUCATIONAL OFFICER, CORPORATION SCHOOLS

JUDGEMENT

(1.) The appellant was a Headmistress in a high school under the control of the second respondent. She was promoted to the post of Headmistress of Higher Secondary School from High School by the second respondent, by an order, dated 01.09.2008. The said order was challenged by the first respondent herein in W.P. (MD) No. 8188 of 2008. The writ petition was allowed by the learned single Judge on 28.05.2009. The present appeal is against the said order.

(2.) We have heard Mr. C. Selvaraju, learned Senior Counsel for the appellant, Mr. V. Selvaraj, learned Counsel for the first respondent, Mr. M. Sureshkumar, learned Counsel for the second respondent and Mr. R. Janaki Ramulu, learned Special Government Pleader appearing for the third respondent.

(3.) The special rules for the Tamil Nadu Higher Secondary Educational Service framed under Article 309 of the Constitution of India governs the matter of promotion to the post of Headmaster in Higher Secondary Schools. The Higher Secondary School Headmaster belongs to Class-I service under the Rules. The Post Graduate Assistant in languages belongs to Category-I of Class II service and the Post Graduate teacher in academic subjects belongs to Category II of Class III service. The inducted teachers at Higher Secondary Schools belong to Category III of Class II service. The vacancies arising in Class-I service, namely, the Headmasters in Higher Secondary Schools, are to be filled in the ratio of 2:5:2, i.e., two Headmasters in High Schools by recruitment by transfer, 5 Post Graduate Assistants by promotion and 2 inducted teachers by promotion. Further, more importantly, while ensuring the proportion of appointment in the service, cycle for such appointment to the post of Headmaster in the Higher Secondary Schools is also provided in the Special Rules.