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1992 Supreme(SC) 518

M.N.VENKATACHALIAH, S.MOHAN, L.M.SHARMA
B. Lakshmipathi Naidu – Appellant
Versus
Distt. Educational Officer – Respondent


Advocates:
R.MOHAN, R.N.KESHWANI, S.BALAKRISHNAN, V.BALACHANDRAN, V.KRISHNAMURTHY

JUDGMENT

SHARMA, J.:- Heard the learned Counsel for the parties. Special leave is granted.

2. The appellant is a school teacher claiming appointment as Head Master. He has been working as a Telugu Pandit since 1975 in the school concerned. He got the degrees of Master of Arts in Telugu in 1978 and Bachelor of Education in 1983. The post of Head Master fell vacant on 1-11-1986. According to the impugned judgment of the learned single Judge of the Madras High Court, he has been held to be ineligible for the post. The decision was confirmed on appeal by a short order by a Division Bench which is under challenge in the present appeal.

3. The main ground for holding that the appellant was not qualified for the post of Head Master in 1986 is based upon the minimum qualification fixed in this regard by the Special Rules for the Tamil Nadu Higher Secondary Educational Service in its annexure by requiring the candidate to have:-

"(iii) Experience for a period of not less than ten years as B.T. Assistant or Pandit in a Secondary School/ Training School/ Higher Secondary School, after obtaining a teaching degree, recognised by the Director of School Education;"

According to the respondent, the abo





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