A SARAH Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Petitioner claims that St. Joseph's Aided Elementary School at Guntakal, the 2nd respondent, is a minority institution, and that she was appointed as Assistant Teacher in that School on 20-1-1964. The 1st respondent-D.E.O., Anantapur, by his proceedings Rc.No.l2266/B2/88 dated 14-6-1990 directed bifurcation of Elementary section from the High School and further directed the school management to promote the senior-most teacher in the Elementary School as its Head Master. Petitioner claims that she is working in the Elementary School since bifurcation and as per the seniority list of teachers prepared, she stands at serial No.4 whereas the 3rd respondent, Manikyam, stands at serial No.9. According to the petitioner, she was promoted as Head Mistress with effect from 27-6-1997, consequent on retirement of one B. Sarojamma, by proceedings Rc.No.6/ Spl/97, dated 27-6-1997 of the 2nd respondent. Her only grievance is that without issuing any notice to her, the D.E.O. issued the impugned proceedings dated 6-8-1999 directing the school management to appoint the 3rd respondent as Head Mistress. She filed this writ petition seeking to quash the abovesaid proceedings dated 6-8-1999 of the 1st respondent.

(2.) On 30-8-1999, while admitting the writ petition, this Court granted interim stay of the impugned proceedings dated 6-8-1999.

(3.) First respondent-D.E.O., Anantapur, filed counter, inter alia, stating that the school in question is an aided institution and not a minority institution; the impugned proceedings are in accordance with the relevant rules and G.Os. in force. Petitioner is not even a Secondary Grade teacher, and she is only possessing elementary grade certificate with VIII class, and so she is not eligible to be appointed as Head Mistress. Contrary to G.O.Rt. No.896, dated 16-6-1999, the management has appointed the petitioner as Head Mistress.