S PANDARA VADIVU Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order dated 22.11.2000 passed by the second respondent declining grant of approval of petitioner's appointment as Headmistress in the third respondent school with consequential direction to approve the appointment of petitioner as Headmistress.

(2.) THE case of the petitioner is that after passing graduation, she registered her name in the Employment Exchange in the year 1996 initially at Cuddalore, which was subsequently transferred to Madurai District Employment Exchange. A vacancy arose in the third respondent - private aided School in the cadre of Headmistress due to the retirement of the then Headmaster. THE third respondent applied for permission to fill up the post and no order having been passed, the third respondent invited applications through news paper - Dinakaran, Tirunelveli edition, dated 18.6.1999. On receipt of applications, a selection committee was constituted by the third respondent and interview was held to assess the merit and ability. Considering the merit and ability, the petitioner was selected and appointed as Headmistress from 28.6.1999. Appointment order was issued to the petitioner by the third respondent on the undertaking given by the petitioner that no salary will be paid unless the appointment is approved by the department. THE petitioner joined the services of the third respondent, even though she was not having five years of teaching experience. It is stated that no other candidate, who applied to the third respondent, was having five years of teaching experience.

(3.) THE other respondents have not filed counter affidavit.