A C ALEXANDER Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) This Writ Appeal is filed by the unsuccessful petitioner against the order of the learned single Judge dated 23-8-1999 in W.P.No. 146/1991. The learned single Judge disposed of the Writ Petition upholding the validity of the proceedings of the third respondent in Rc.No. A7/13960/89-90 dated 2-11-1990 (impugned order, for short), while observing that the petitioner's interest is taken care of by the Management of the third respondent by appointing him as Educational Advisor by protecting his remuneration which he could have drawn as Headmaster. The order of the learned single Judge is mainly challenged on the ground that the impugned order was passed by the third respondent with scant regard to principles of natural justice, that the learned single Judge failed to appreciate the fact that the appellant was appointed as Headmaster after following the due process of selection as per the rules and that when the matter was referred to the first respondent for ratification, the impugned order came to be passed without notice. These grounds of challenge can well be appreciated by a brief reference to the facts which are not in dispute.

(2.) The appellant is highly qualified. He is a Post Graduate in Arts and also holds a graduation degree in Bachelor of Education. During 1978-83, as a Missionary Priest of Catholic Church, established and organised St. Francis High School at Venkatagiri and worked there as a teacher and Principal. He had also worked as a Teacher and Correspondent of Deepthi High School at Kovvur. During June 1989 to November 1989, he worked as a Post Graduate teacher in Satyam Public School, Devarayamchala, Secunderabad and resigned the job when he was offered the post of Headmaster in the third respondent-School on Government pay scales.

(3.) The 3rd respondent is a School under the Chairmanship of the District Collector. It advertised the post of Headmaster, a post of B.Ed., Assistant in Mathetmatics and seven posts of Secondary Grade Teachers in the Newspapers dated 20-10-1989. The Appellant fills in the required qualifications as per the advertisement. Interviews were conducted on 31-10-1989 and the appellant was selected and appointed as Headmaster with immediate effect by proceedings of the District Collector-cum-Chairman of the 3rd respondent school dated 31-10-1989. It may be mentioned that the Selection Committee consisted of the District Collector as Chairman of the Selection Committee, the District Educational Officer (2nd respondent) as Member-Secretary of the Selection Committee, and the head of the Institution, the acting Headmaster as member of the Selection Committee. The said committee after screening and interviewing four candidates for the post of Headmaster, placed the appellant at first place and hence he was appointed as Headmaster.