The main legal point established in the judgment is that the appointment of a retired teacher from another state as Headmaster in a school in Tamil Nadu must adhere to the provisions outlined in Rule 15(4) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, which emphasize promotion based on merit and ability, with seniority considered only when merit and ability are approximately equal, and the necessity of prior approval from the educational authorities.

The prayer in the writ petition is to issue a writ of certiorarified mandamus, calling for the records relating to the proceedings of the fourth respondent in No.18/04, dated 16.8.2004 quash the same and direct the fourth respondent to reinstate the petitioner in service with all attendant and other benefits.

2. The case of the petitioner is as follows:

(a) The petitioner passed M.A. (Tamil) in Kerala University, and, M.Ed. and M.Phil., (Tamil) in Madurai Kamaraj University. He was appointed by the Government of Kerala as a Primary Department Teacher on 30.1.1970 and after serving in various capacities, he retired from service on 30.6.2002 when he was working in Government Tamil Higher Secondary School, Chalai, Thiruvananthapuram, Kerala. As per the Service Rules in Kerala, he retired from service on completion of 55 years of age.

(b) The fourth respondent intimated the second respondent the proposal to appoint the petitioner as Head Master of the Sarojini Memorial Higher Secondary School by letter dated 30.1.2003 and sought for permission for the same. Later, on 31.5.2003, the fourth respondent appointed the petitioner as a Head Master of the said School, and intimated the second respondent about the appointment and sought for approval. By Order dated 6.10.2003, the second respondent refused to grant approval as the Rules do not provide appointment of a retired teacher as Head Master. By letter dt.30.10.2003, the fourth respondent requested the second respondent to reconsider the decision. That was also rejected on the basis of G.O.RT.No.305, dt.10.8.1998. As the G.O. does not prohibit the appointment of retired teachers from other States, the fourth respondent filed an appeal on 19.5.2004 questioning the Order passed by the second respondent; the appeal is still pending before the first respondent. While so, due to extraneous consideration, the fourth respondent removed the petitioner from service by Order dt.16.8.2004. Inasmuch the Government Order does not prohibit a retired person from other States from being appointed as Headmaster in Higher Secondary School in Tamil Nadu, his appointment should be approved. The petitioner fulfils all the requisite qualifications for appointment as Head Master, namely, ten years of teaching experience as P.G.Assistant and B.T.Assistant. The Order passed by the fourth respondent terminating his services is illegal and liable to be set aside.

3. The fourth respondent has filed a counter as follows:

The fourth respondent denied the averments made in the affidavit filed by the petitioner. He further stated that the petitioner is a retired teacher from Kerala; he approached him for appointment as Headmaster of the School. The Management expressed its inability as there is no provision in the Rules to appoint a retired person as Headmaster. But, he interpreted two G.Os and said that he was eligible to be appointed. The Management made it clear that it would not be in a position to pay the salary in case department refuses approval for his appointment. The petitioner also made a declaration that he will not claim any salary from the management if his appointment was not approved by the department. The Management, by way of abundant caution, wrote a letter on 30.1.2003 to the Director of School Education seeking prior permission for appointing the petitioner as Headmaster; but, the prior approval was not given. Since the petitioner emphasised the solemn promise, the Correspondent issued a formal appointment Order on 31.5.2003. While so, on 2.6.2003, the petitioner gave a letter in writing that "he will not claim any salary from the management for performing duty, if his appointment is not approved by the Department". The Director of School Education rejected the request for approval on the ground that the request of the Secretary of the School cannot be accepted as there is no provision in the Rules for appointment of a person, who retired on attaining the age of super-annuation. Therefo