JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. Appellant is an aided institution. It is aided by the State of Tamil Nadu. Terms and conditions of its teachers are governed by Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 framed under Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.

3. Respondent was appointed in the said school on or about 11.7.1977. He was a graduate in Master of Education as also in Master of Science. He was having the requisite qualification for recruitment to the said post.

4. The State, however, issued a Government Order dated 16.9.1994 raising the qualification of a teacher, inter alia, stating :

"XV Staff Requirements:

Teaching Staff Qualifications etc.

(b)Subject Teacher A Post Graduate Degree in the relevant subject and M.Ed. Degree with teaching experience preferably in recognized schools.

There shall be four subject teachers to handle Tamil, English, Mathematics, Science and Social Science. The Headmaster shall handle one of the five subjects."

5. On the plea that the respondent did not hold the requisite qualifications in terms of the said GOMs dated 16.9.1994, his services were terminated by the appellant by an order dated 6.1