S RAJESWARI Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE petitioner has passed her S.S.L.C. in State Board and acquired Pulavar (Tamil) Certificate, by undergoing four years course through Annamalai University. She has also acquired Diploma in Teaching Tamil through Annamalai University in 1980, which is stated to be a one year course. After registering her name in the employment exchange in 1982, she has worked in various private schools as Tamil Pandit. It was in the year 1997 that the petitioner was appointed as a Tamil Pandit, on temporary basis, by the third respondent/Management, which is an aided private school governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.

(2.) SUBSEQUENTLY, when a regular vacancy to the post of Tamil Pandit arose due to the retirement of an incumbent on 5.5.2005, the third respondent, after following the procedure and conducting the interview, selected and appointed the petitioner as Tamil Pandit on 30.5.2005 in the third respondent/School and she joined on 2.6.2005. The third respondent has sent a proposal for approval of appointment of the petitioner to the second respondent. It appears that the second respondent, by order dated 6.1.2006, has rejected the proposal, against which the third respondent has preferred an appeal before the Joint Director of School Education on 27.1.2006. The first respondent, taking the role of the Joint Director of School Education, has passed the impugned order dated 2.9.2006, rejecting the proposal of the third respondent/Management for approval of the appointment of the petitioner as Tamil Pandit in its school. Under the impugned order, it is categorically admitted that the petitioner is having the following qualification: (i) SSLC Pass (ii) Oriental Title of Annamalai University (iii) M.A. (Tamil) and (iv) Diploma in Teaching Tamil, which is a one year course. However, the rejection was on the ground that, as per the Tamil Nadu Recognised Private Schools (Regulation) Rules and the Annexure therein, the petitioner ought to have obtained Pandit's Training Course Certificate or Secondary Grade Training Certificate and in the absence of either of these certificates, the petitioner was stated to be not qualified.

(3.) I have considered the rival contentions and perused the records.