BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29/03/2010
CORAM
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
W.P.(MD)No.3085 of 2010
M.Vadamalai ... Petitioner
Vs
1.The Joint Director of School
Education (Secondary Education),
School Education Department,
College Road,
Chennai - 6.
2.The District Educational Officer,
Pudukkottai District.
3.N.Annamalai
Secretary,
Sri Sivakami Ambal High School,
Rangiam,
Thirumayam Taluk,
Pudukkottai District. ... Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus, to direct the 3rd respondent to
appoint the petitioner as Head Master to the 3rd respondent school pending
disposal of the appeal before the 1st respondent filed by the petitioner dated
06.01.2010 with all consequential benefits.
!For Petitioner ... Mr.K.K.Kannan
^For Respondents ... Mr.R.Manoharan, G.A.
For RR1 and RR2
Mr.E.R.Gurubala Chandran
for RR3.
:ORDER
This writ petition is filed for a direction against the 3rd
respondent, who is the Secretary of the School Committee of Sri Gomathi Ambal
Higher Secondary School, Rangiam, Tirumayam Taluk, Pudukkottai District to
appoint the petitioner as Head Master, pending disposal of the appeal dated
06.01.2010 filed by the petitioner before the 1st respondent.
2. The short facts of the case of the petitioner is as follows:
Originally the petitioner was appointed as Secondary grade Teacher
and subsequently, he was posted as Tamil Pandit on 25.12.1977 and his
appointment was also approved on 01.06.1987. The post of Head Master fell
vacant in the said School on 31.05.2008 due to the retirement of the earlier
incumbent viz., Mr.Kandasamy and on the same day in the said post, the 3rd
respondent has appointed one Natarajan as Head Master with effect from
01.06.2008. The proposal sent by the 3rd respondent for approval of the said
Natarajan as Head Master came to be rejected by the educational authorities by
an order dated 24.07.2008. It appears that against the said order, the 3rd
respondent approached this Court by filing a writ petition in W.P.(MD) No.7522
of 2008, which came to be disposed of on 22.12.2008 with a direction to the 3rd
respondent to file an appeal against the order of the educational authorities
dated 24.07.2008. Even though, it is stated that the said Natarajan has not
filed any appeal as per the direction of this Court on 22.12.2008, the 3rd
respondent School is stated to have filed an appeal against the order of the
educational authorities dated 24.07.2008 before the 1st respondent.
3. It is the case of the 3rd respondent that the 2nd respondent has
insisted for withdrawal of the said appeal filed before the 1st respondent so as
to consider the claim of the said Natarajan to continue as Head Master. It is
stated by the 3rd respondent as it is seen in the counter affidavit that on the
suggestions given by the 2nd respondent, the appeal filed by the 3rd respondent
came to be withdrawn.
4. It is the case of the 3rd respondent that thereafter the said
Natarajan was admitted to work as Head Master (in-charge) and that has been
approved by the 2nd respondent during the inspection. In the mean time, it
appears that the petitioner has made representation to the 3rd respondent on
02.12.2008, requesting the 3rd respondent to consider his case for the post of
Head Master on the ground that he is the senior most teacher in the 3rd
respondent school. Since the same was not considered, the petitioner filed a
writ petition in W.P.(MD) No.10343 of 2009 before this Court and this Court, by
an order dated 16.12.2009, directed the 3rd respondent to consider his
representation. Thereafter, the 3rd respondent rejected the claim of the
petitioner for appointment of the Head Master of the 3rd respondent school by an
order dated 05.01.2010. It is seen that against the said order of rejection of
the 3rd respondent, the petitioner has filed a statutory appeal before the 1st
respondent as per the provision of Tamil Nadu Recognised Private Schools
(Regulation) Act, 1973 on 06.01.2010, which is pending as on date.
5. It is the case of the petitioner as submitted by the learned
counsel appearing for the petitioner that in the meantime, the petitioner is to
attain the age of superannuation on 31.03.2010 and by virtue of his right to
continue till the end of academic year 2009 – 2010, he may be continued up to
31.05.2010.
6. Under these circumstances, I am of the considered view that the
1st respondent should be directed to consider the appeal and pass appropriate
order within a stipulated time.
7. Accordingly, this writ petition is disposed of with a direction
against the 1st respondent to consider the appeal filed by the petitioner dated
06.01.2010 against the order dated 05.01.2010 passed by the 3rd respondent,
rejecting the claim of the petitioner to appoint him as Head Master in the 3rd
respondent School and pass appropriate order within a period of two weeks from
the date of receipt of a copy of this order, on merits and in accordance with
law. It is open to the petitioner to
raise additional ground, if he desire so, within a period one week from the date
of receipt of a copy of this order. No costs.
arul
To
1.The Joint Director of School
Education (Secondary Education),
School Education Department,
College Road,
Chennai – 6.
2.The District Educational Officer,
Pudukkottai District.
3.N.Annamalai
Secretaru,
Sri Sivakami Ambal High School,
Rangiam,
Thirumayam Taluk,
Pudukkottai District.