Madras High Court
Dr.N.Gunasegar vs The State Of Tamil Nadu on 13 June, 2011
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/06/2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.5852 of 2009 and M.P(MD)Nos.2 to 4 of 2009 Dr.N.Gunasegar, Headmaster, Arunachalam Higher Secondary School, Thiruvattar - 629 177, Kanyakumari District. ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai-600 009. 2.The Director of School Education, College Road, Chennai-600 006. 3.The Director of Matriculation Schools, College Road, Chennai-600 006. 4.The Regional Joint Secretary of CBSE Schools, 1630 A, J-Block Main Road, Anna Nagar West, Chennai-600 040. 5.The Council for the Indian School Certificate Examinations, Rep. by its Chief Executive and Secretary, Pragati House, Third Floor, 47-48 Nehru Place, New Delhi-110 019. 6.The Chief Educational Officer, Kanyakumari District, Nagercoil-629 001. 7.The District Educational Officer, Thuckalay-629 175, Kanyakumari District. 8.The Correspondent, Arunachalam Higher Secondary School, Thiruvattar-629 177, Kanyakumari District. ...Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the records relating to the impugned proceedings issued by the second respondent Director of School Education in O.Mu.No.36495/W5/2007 dated 01.01.2008, quash the same and further direct the seventh respondent District Educational Officer to approve forthwith the appointment of the petitioner as Headmaster in the 8th respondent School with effect from 03.04.2006 with all attendant benefits. !For Petitioner ...Mr.Issac Mohanlal ^For Respondents...Mr.K.Balasubramanian Addl. Govt.Pleader for R1 to R4 No appearance for R5 :ORDER
The petitioner, who is working as Headmaster in the eighth respondent school, has filed this petition challenging the impugned proceedings issued by the second respondent, viz., the Director of School Education in O.Mu.No.36495/W5/2007 dated 01.01.2008, and to direct the seventh respondent, viz., the District Educational Officer to approve forthwith his appointment as Headmaster in the eighth respondent School with effect from 03.04.2006 with all attendant benefits.
2. According to the petitioner, he joined in the eighth respondent school as Headmaster on 03.04.2006 and his appointment was against a regular vacancy; he possesses M.Sc. in Zoology and had obtained M.Ed. from Madurai Kamaraj University and had also obtained Ph.D. in Entomology from Madras University; earlier, he had worked for 15 years, 5 months and 14 days as teacher in various recognized schools; the eighth respondent school has submitted a proposal to the seventh respondent, the District Educational Officer, Thuckalay, as early as 04.09.2006 for the purpose of disbursement of grant-in-aid towards salary with the required details; but, the District Educational Officer, without giving approval, had forwarded the same to the second respondent, the Director of School Education, who, in turn, had rejected the proposal vide the impugned proceedings, dated 01.01.2008, on the following grounds:
(i) although the petitioner had all the necessary educational qualifications, there was inadequacy in teaching experience;
(ii) There is no Government Order to reckon the experience put in the CBSE schools as eligible teaching experience.
(iii)as per G.O.(Ms) No.35, School Education (VE) Department, dated 22.03.2005, even though he was directed to treat his experience in the matriculation schools as eligible teaching experience, it has been stayed by this Court.
Aggrieved against the same, the present writ petition is filed.
3. According to the petitioner, for the post of Headmaster in higher secondary schools as prescribed in the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974, a person should be qualified with the Masters degree with B.T. or B.Ed., degree or its equivalent and should have experience of not less than 10 years as B.T. School Assistant or Pandit in Secondary School or Training School or Higher Secondary School recognized by the Director of School Education; he has all the qualifications; in fact, totally, he has served 15 years, 5 months and 14 days and he has worked in CBSE schools and ISCE schools for a period of more than 10 years and worked as a Headmaster for more than four years prior to appointment; therefore, in all categories, he has got the required qualification and as per the circular dated 19.05.1974, matriculation schools, central schools, schools affiliated to CBSE and ISCE schools are treated as equivalent to recognized schools in Tamil Nadu; further, in G.O.Ms.No.1881, Education (D2) Department, dated 24.08.1981, the period of experience in matriculation schools should be reckoned as eligible experience for appointment as Headmaster in aided private schools; similarly, G.O.Ms.No.285, Education Department, dated 12.03.1991 is also issued to the same effect; subsequently, G.O.Ms.No.35, School Education (VE) Department dated 22.03.2005 has been issued; G.O.Ms.No.35, School Education (VE) Department dated 22.03.2005 has been stayed by this Court and subsequent to the order of rejection, the petitioner had made many representations dated 25.03.2008, 05.11.2008 and 07.01.2009 requesting to approve his appointment; though some clarifications have been sought by the State Government, the Chief Educational Officer has directed the eight respondent school not to allow the petitioner to work as Headmaster vide proceedings dated 14.02.2009; thereafter, the eighth respondent school has also made a representation on 20.04.2009 to the Chief Educational Officer requesting to permit the petitioner to continue as Headmaster till the matter is decided by the first respondent, the State Government followed by a reminder on 03.06.2009; but, the State Government has not passed any orders; the petitioner has also preferred an appeal/representation to the Secretary, School Education Department, Chennai, on 25.03.2008; but, till date no orders have been passed thereon; therefore, he has come forward with the writ petition challenging the original order of rejection dated 01.01.2008.
4. The seventh respondent, the District Educational Officer has filed a detailed counter stating that it is true that the seventh respondent submitted a proposal for approval of appointment of the petitioner as Headmaster; but, for the post of Headmaster of Higher Secondary School, the candidate should have the qualification of M.A. or M.Sc. and B.Ed degrees and should have completed service of not less than ten years as BT Assistant/PG Assistant/High School Headmaster in aided schools recognized by the Tamil Nadu Government; the petitioner has not worked in any aided recognized institutions; he had worked only in CBSE schools, Matriculation schools and in a school for which aid was not granted for that post; therefore, a clarification was sought from the second respondent towards eligibility of appointment; the second respondent/the Director of School Education has passed orders on 01.01.2008 stating that there is no reason to grant exemption for lesser experience; in that order, it has also been stated that G.O.Ms.No.35, School Education (VE) Department, dated 22.03.2005 permitted to treat the experience in matriculation schools as an eligible experience which has been stayed by this Court and there is no Government order to reckon the experience put in, in CBSE schools as eligible teaching experience and the eligibility criterion is prescribed in Annexure V appended to the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974; out of this 15 years, 5 months and 14 days experience of the petitioner, the service certificate has not been countersigned by the Inspecting Officer for a period of 9 years 11 months and 22 days during which he has worked with CBSE schools; G.O.Ms.No.1881, Education (E2) department, dated 24.08.1981, relates only to the aided high schools but not to the aided higher secondary schools; he was also not earlier appointed as high school Headmaster; similarly, G.O.Ms.No.285, Education Department dated 12.03.1991 relates only to a particular person in an aided middle school and not to any aided higher secondary school; as G.O.Ms.No.35, School Education (VE) Department dated 22.03.2005 has been stayed by this Court in W.P.No.25603 of 2006, the eligibility criteria cannot be modified at this juncture; in fact, subsequent to the impugned order, a further order has also been passed on 04.02.2009 directing the petitioner not to continue as Headmaster and the same has not been challenged; as he is not eligible to be posted as Headmaster in the Higher Secondary School, the proposal has rightly been rejected. Based on these submissions, the respondent has sought dismissal of the writ petition.
5. The fourth respondent, the Regional Joint Secretary of CBSE schools, has also filed a counter stating that he is an unnecessary party and he is, in no way, connected with the relief sought by the petitioner.
6. Heard both parties.
7. The short point for consideration which arises in this writ petition is that the petitioner, even though has got a vast experience of 15 years 5 months and 14 days working in different schools, unfortunately, he has not fulfilled the criteria as formulated under Annexure V appended to the Tamil Nadu Private Schools (Regulation) Rules, 1974. Whether the experience in CBSE schools can be considered for the purpose of counting the experience for appointment as Headmaster is the issue to be decided here. In this connection, we have to take into consideration Annexure V appended to the Tamil Nadu Private Schools (Regulation) Rules, 1974, which reads as follows:
"(i) A Master's degree for teaching any of the languages under Parts I and II or subjects under Part III group 'A' of the syllabus for Higher Secondary Courses or its equivalent in any of the subjects or languages specified in the said syllabus or a certificate in Science and Humanities for Graduate teachers in High Schools;
(ii) B.T. or B.Ed. degree or its equivalent;
(iii) Experience for a period of not less than ten years as B.T. School Assistant or Pandit in a Secondary School or Training School or Higher Secondary school recognized by the Director of School Education.
Provided that the experience in the category of Headmaster and Headmistress in a school recognized by the Director of School Education shall be taken into account for calculating the experience in the category of B.T. Assistant."
8. As far as experience is concerned, it is clearly stated that a person should have not less than 10 years experience as B.T. School Assistant or Pandit in Secondary School or Training School or Higher Secondary School recognized by the Director of School Education. The petitioner's experience is as follows:
School Management Service Yr.Mth.Days Remarks Brindavan Public School, Attoor, Chengalpattu. Indian School Certificate Examination Board (ISCE) 03 08 26 DAV-BHEL School, Ranipet, Vellore District. Central Board of Secondary Education (CBSE) 07 11 22 Services not counter-signed by the Inspecting Officer Surabhi Sree Raja Madhanghi Higher Secondary School, Salem. Directorate of School Education 02 00 00 Services not counter-signed by the Inspecting Officer Nyruthi Matriculation Higher Secondary School, Tirupur. Matriculation School 00 09 15 Dharani Matriculation Higher Secondary School, Vasudevanallur Matriculation School 00 11 11 Total 15 05 14
9. Even though he has worked for 15 years, 5 months and 14 days, he has worked in CBSE schools for a period of 9 years, 11 months and 22 days. Even as per the service records, it is clearly stated that the service put in by the petitioner in the CBSE Schools has not been countersigned by the Inspecting Officer. If this portion is deleted, then, he does not have 10 years experience. Unfortunately, the experience put in, in CBSE schools is being deprived to the petitioner. But, in this connection, since such an anomaly has arisen, the Government thought it fit to issue G.O.Ms.No.35 School Education(VE) Department, dated 22.03.2005, which states that a person who worked in CBSE schools could also be tagged on or taken into consideration for the purpose of experience. But, as rightly pointed out by both the learned counsel, this very Government Order itself has been challenged and this Court has granted stay thereon. Therefore, as of now, the said Government Order cannot be made applicable to the petitioner or any one else. When G.O.Ms.No.35 School Education(VE) Department dated 22.03.2005 is no more in force, the petitioner falls back in G.O.Ms.No.1881 Education (D2) Department dated 24.08.1981. Paragraph (2) of the said Government Order is usefully extracted hereunder:
"2) The Government after careful consideration accept the recommendation of the Director of School Education and direct that the services rendered by B.T. teachers in Matriculation Schools as B.T. Assistants may also be taken into account for the purpose of reckoning the period of 5 years service for appointment as Head Master in aided High School."
10. This Government Order categorically speaks about reckoning of the period of 5 years of service for appointment as Headmaster in aided High Schools and therefore, as rightly pointed out, it does not refer to the appointment in respect of Higher Secondary Schools. Therefore, G.O.Ms.No.1881 Education (D2) Department, will not come to the rescue of the petitioner. As far as G.O.Ms.No.285, Education Department dated 12.03.1991 is concerned, again, that is only in respect of a particular individual. Once again, this was also in respect of the appointment of Headmaster in high school. Therefore, if these things are left out, as rightly pointed out, there is no rule or provision in the Tamil Nadu Private Schools (Regulation) Rules, 1974, so as to state that the experience gained in CBSE school could be included for the purpose of fixing the experience or appointment of Higher Secondary School. Therefore, the impugned order passed by the authority on 01.01.2008, rightly points it out that even though the petitioner has got the educational qualification, as far as the experience is concerned, since he has worked in CBSE schools for some years, that cannot be counted for the purpose of experience in teaching and accordingly, the authority has rightly rejected the same. In fact, they have followed only the regulations as stipulated in the Tamil Nadu Private Schools (Regulation) Rules, 1974. The petitioner is not able to point out any illegality or infirmity in the impugned order, dated 01.01.2008.
11. At this juncture, it is pertinent to point out that the petitioner himself has preferred an appeal/representation to the Government on 25.03.2008 putting forward his contentions and seeking exemption and treating his experience as eligible for appointment of Headmaster. According to the petitioner, even though the said appeal/representation has been preferred long back, till date, no order has been passed thereon and the same is kept pending.
12. The learned Additional Government Pleader further pointed out that though the petitioner has only challenged the order dated 01.01.2008. Having preferred an appeal/representation to the Government, he has come to this Court without seeking cancellation of the subsequent order viz., the order dated 04.02.2009 passed by the Chief Educational Officer, who has categorically stated that it is no more possible for the petitioner to function as Headmaster and especially in this order, it is further pointed out that the petitioner has already preferred an appeal to the Government and without getting any order, it is not possible for him to continue in the post of Headmaster.
13. As rightly pointed out by the learned Additional Government Pleader, that order is not under challenge here. In any view of the matter, the original order of rejection is challenged in this case and that order is only a consequential order. But as rightly pointed out, there is no infirmity in the order passed by the competent authority and in that view of the matter, the writ petition is liable to be dismissed.
14. At this juncture, it is further pertinent to point out that since the petitioner has already preferred an appeal/representation to the Government/the appellate authority on 25.03.2008 and no order has been passed till date, this Court only thinks it fit and proper to direct the first respondent to consider and pass orders on the appeal/representation filed by the petitioner on 25.03.2008, within a period of four months from the date of receipt of a copy of this order.
15. In view of the fact that the petitioner has been working as Headmaster continuously for the past five years and the interim order was in force throughout till date, till the appeal/representation is considered and disposed of by the appellate authority/Government on merits, the petitioner will be permitted to continue in the post. But, as far as his emoluments and other benefits are concerned, they will depend upon only as per the order passed by the appellate authority. This interim arrangement will not give any legal right to the petitioner to claim any benefit.
16. The writ petition is disposed of with the above directions. No costs.
17. As far as the application in M.P.(MD) No.4 of 2009 filed by the Tamil Nadu Post Graduate Teachers Association to implead them as necessary party to the adjudication of this matter is concerned, the main scope of the writ petition was to bring to the notice of the Court about G.O.Ms.No.35 School Education (VE) Department, dated 22.03.2005 which was challenged by the said association and it has been stayed by this Court and the same is even fairly accepted by the petitioner himself in the affidavit. Therefore, this application is not necessary and it is accordingly dismissed. The other miscellaneous petitions are closed.
srm TO
1.The State of Tamil Nadu, Rep.by its Secretary, Department of School Education, Fort.St.George, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Director of Matriculation Schools, College Road, Chennai-600 006.
4.The Regional Joint Secretary of CBSE Schools, 1630 A, J-Block Main Road, Anna Nagar West, Chennai-600 040.
5.The Council for the Indian School Certificate Examinations, Rep.by its Chief Executive and Secretary Pragati House, Third Floor, 47-48 Nehru Place, New Delhi-110 019.
6.The Chief Educational Officer, Kanyakumari District, Nagercoil-629 001.
7.The District Educational Officer, Thuckalay-629 175, Kanyakumari District.
8.The Correspondent, Arunachalam Higher Secondary School, Thiruvattar-629 177, Kanyakumari District.