G SELVAMARIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner is a teacher. The post of the Headmaster of Middle School-B. T. Grade in the fourth respondent school fell vacant on 11. 7. 1990 because the incumbent had suddenly died. As per the Rules framed under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, this post has to be filled up from among the B. T. qualified persons working in the school. Normally, the vacancy ought to have been filled up by suitable and eligible qualified candidates from among the teachers working in the school. But, since there were no such suitable and eligible persons, the fourth respondent directly recruited the petitioner on 24. 4. 1991. In the case of appointment by direct recruitment, the School Committee is bound to obtain the prior permission of the District Educational Officer. When the papers were forwarded for approval, the Department raised objection since the petitioner did not have five years' experience as Secondary Grade Teacher. Since other schools also faced a similar problem, the Government was addressed and necessary exemption/relaxation was sought for.

(2.) THE Government issued G. O. Ms. No. 832, Education dated 15. 9. 1992, relaxing the condition of five years' teaching experience in respect of appointment of Aided Primary/middle School Headmasters subject to the condition that the incumbents will get their pay in Secondary Grade scale till they attain five years of teaching experience, including their service in the post of Headmaster and thereafter, they will be eligible for the salary of Headmasters, provided they are otherwise fully qualified to the post of Headmaster as per the Rules and further that the appointments are made through the Employment Exchange, if the school is a non-minority one. Since the implementation of the said G. O. involved relaxation of the earlier G. O. Ms. No. 520, Education dated 12. 5. 1989, the Government ordered that the service of the teachers as Headmasters should be regularized with effect from the date of issuance of the order. Thereafter, again, there was representation from the teachers that they should get their pay as Middle School Headmasters from the date of G. O. Ms. No. 832.

(3.) IN partial modification of the orders issued in G. O. Ms. No. 832, the Government issued G. O. (2d) No. 230, Education, Science and Technology (B1) Department dated 19. 9. 1995, approving the 16 cases of appointment of Middle School Headmasters, relaxing the condition of five years' teaching experience subject to the condition that they will draw their pay in the B. T. Scale till they attain five years of teaching experience, including their services in the post of Middle School Headmasters and thereafter, they will be eligible to draw the salary in the scale of Headmasters.