Madras High Court
S. Duraipandian vs The Govt. Of Tamil Nadu And Ors. on 28 July, 1988
Equivalent citations: (1989)ILLJ23MAD
ORDER
1. This writ petition has been filed under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus calling for the records in R.C. No. 132510/Hr. Secondary Education/A2/84, dated 3rd May 1984 of the second respondent/the Director of School Education, Madras, quashing the same and directing the third respondent/the Secretary, K. A. Higher Secondary School, Arumuganeri, to promote the petitioner to the post of Headmaster in the third respondent school.
2. The petitioner is a B. T. Assistant in the Department of History in the third respondent K. A. Higher Secondary School, Arumuganeri, from 1968. Subsequent to his appointment, he took the post Graduate Degree in 1978 and M.Ed., Degree in 1983. He also claims to have passed the Account Test for Executive Officers conducted by the Tamil Nadu Public Service Commission. He has put in 31 years of service as B.T. Assistant in this School. On 31st May 1984 Mr. Anthonymuthu retired from the post of headmaster of this school. One Kuzhaikathan, a Tamil Pandit, was appointed as Headmaster temporarily. But this order has been set aside by the District Educational Officer and the post of the Headmaster of the third respondent Higher Secondary School is lying vacant. The petitioner claims that he is fully qualified for this post as per G.O. Ms. No. 720, Education, dated 28th April 1981 and he must therefore be promoted as Headmaster. But the second respondent/Director of School Education has issued the impugned reference dated 3rd May 1984 laying down as one of the qualifications for promotion as Headmaster that the candidate must be a Post Graduate Assistant in the Higher Secondary School. It is the contention of the petitioner that this qualification imposed by the Director of School Education is not in accordance with G.O. Ms. No. 720, Education, dated 28th April 1981 and is without jurisdiction. He therefore prays for quashing this proceedings of the Director of School Education and for directing the third respondent/the Secretary, K. A. Higher Secondary School, Arumuganeri, to promote the petitioner to the post of Headmaster of the said school.
3. The contention of the respondents is that the proceedings of the Director of School Education dated 3rd May 1984 is only explanatory in that it explains the provisions of G.O. Ms. No. 720, Education, date 28th April 1981. The said qualification according to the respondents is not contrary to G.O.Ms. No. 720, Education, dated 28th April 1981. As per this clarification issued by the Director of School Education the petitioner is not qualified to be promoted as Headmaster. His claim is therefore unsustainable.
4. The post of Headmaster and Headmistress in the Higher Secondary School falls in Class I of G.O.Ms. No. 720, Education, dated 28th April 1981. The recruitment to this post is by transfer as well as by promotion from Class II. Class II consists of teachers in academic subjects and teachers in languages. The qualifications for appointment to the post of Headmaster by promotion are the following :-
(i) A Master's degree of a University in the State or a Master's degree of equivalent standard or a certificate issued by the University of Madras for having undergone the Certificate Course in Science and Humanities for Graduate teachers in High Schools;
(ii) B.T. or B.Ed. degree of a University in the State or a degree of equivalent standard;
(iii) Experience for a period of not less than 10 years B.T. School Assistant or Pandit in a Secondary School/Training School/Higher Secondary School, after obtaining a teaching degree, recognised by the Director of School Education; and
(iv) Must have passed the Account Test for Executive Officers or Account Test for Subordinate Officers, Parts I and II.
It is not in dispute that the petitioner has all these four qualifications.
5. The Director of School Education in his impugned reference dated 3rd May 1984 has laid down that only the following persons are eligible for promotion as Headmaster of the Higher Secondary School :-
1. The Headmasters of Secondary Schools with M.A., M.Sc., or M.Com. Degree;
2. Government recognised Post Graduate Assistants in the School.
The second category mentioned above, it is contended on behalf of the petitioner, is a qualification introduced by the Director of School Education on his own accord and it is not in accordance with G.O.Ms. No. 720, Education, dated 28th April 1981. The four qualifications prescribed in the above G.O. does not include a qualification as a Post Graduate Assistant which is laid down by the Director of School Education. Under the qualifications laid down by the G.O.Ms. No. 720, Education, dated 28th April 1981 it is sufficient if the candidate for promotion as Headmaster has experience for a period of not less than 10 years as B.T. Assistant or Pandit in a Secondary School/Training School/Higher Secondary School. It is not laid down therein that he must be a Post Graduate Assistant. It follows that the qualification imposed by the Director of School Education in his impugned order is an additional one outside the purview of the G.O. and is therefore without jurisdiction. The Director of School Education has no authority to impose an additional qualification for promotion as Headmaster and this instruction given in the impugned order is therefore void in law. The explanation that this proceeding of the Director of School Education is only clarificatory in nature has to be mentioned only to be rejected. While G.O.Ms. No. 720, Education, dated 28th April 1981 lays down as one of the qualifications 10 years experience only as B.T. Assistant or Pandit in a Secondary School/Training School/Higher Secondary School, the instructions given by the Director of School Education that he must be a Post Graduate Assistant is not clarificatory, but an additional qualification imposed by him. Hence his instruction in the impugned proceedings laying down as one of the qualifications, experience as Post-Graduate Assistant cannot stand and has to be struck down.
6. The petitioner has prayed for a direction to the third respondent/the Secretary, K. A. Higher Secondary School, Arumuganeri, to appoint him as Headmaster this relief cannot be granted. The third respondent can only be directed to consider the candidature of the petitioner for appointment by promotion as Headmaster.
7. In the result the writ petition is allowed in part and the proceedings of the second respondent/the Director of School Education, Madras, in R.C. No. 132510/Hr. Secondary Education/A2/84, dated 3rd May 1984, so far as it relates to the imposition of additional qualification as Post Graduate Assistant is struck down and the third respondent/the Secretary, K.A. Higher Secondary School, Arumuganeri is directed to consider the candidature of the petitioner for promotion as Headmaster. There will be no order as to costs.