K NIRMALA DEVI Vs. V VIJAYA LAKSHMI

JUDGEMENT

(1.) The question that arises for our consideration and decision in these writ appeals is whether the appointment of Smt. K. Nirmala Devi, appellant in W.A. No.411 of 2002 to the post of Headmistress in English Medium High School managed by the D.N.R. College Association, Bhimavaram, West Godavari District is in accordance with law or is liable to be set aside. The above question arises in the following factual background:

(2.) Smt. K. Nirmala Devi was appointed as B.Ed., Assistant in the 2nd respondent- school on 10-6-1988 and while working as such, she passed Accounts Test Parts I and II in the years 1990 and 1991 respectively. The 1st respondent herein, viz., Smt. Vijaya Lakshmi was initially appointed as Second Grade Assistant with effect from 15-6-1981 and subsequently she was promoted as B.Ed., Assistant on regular basis in primary section of the school with effect from 23-6-1987. Subsequently, she was transferred to the English Medium High School as B.Ed., Assistant. The 1 st respondent applied for Examination in Accounts Test Part II on 10-3-1995 and the Test was conducted on 11-6-1995, results of which were declared on 25-10-1995 and she was declared to have passed Accounts Test Part II examination.

(3.) In the meanwhile, the then incumbent of the post of Headmistress tendered her resignation to the post vide her letter dated 1-3-1995 and the resignation was accepted by the management of the school on 9-4-1995. The management of the school sent up a proposal to the District Educational Officer on 12-6-1995 proposing to appoint the appellant to the post of Headmistress and after obtaining necessary permission from the District Educational Officer, the appellant was appointed as Headmistress with effect from 5-7-1995. Being aggrieved by the said action of the management, the 1st respondent herein preferred W.P. No.29071 of 1995 praying for the following relief: