Person having requisite qualification cannot be terminated.

(Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.02.2000 passed in W.P. No.235 of 1998.)

V. Dhanapalan, J.

This appeal is directed against the order of a learned Single Judge in W.P. No.235 of 1998 on 23.02.2000 and the prayer in the said W.P. is for issuance of a writ of certiorarified mandamus calling for the records of the third respondent in Na.Ka.No.5155/A4/97 dated 12.11.1997 and quash the same and direct the respondents 1 to 4 to approve the petitioner's appointment as a Secondary Grade teacher in the fifth respondent school.

2. The case of the appellant is that after passing Higher Secondary Course Certificate, she had joined Teacher Training Course at Children's Garten School, Mylapore, a recognised Teachers Training Institute and wrote the examination conducted by the Director of Government Examinations in 1989 and the said authority issued "Teachers Training Certificate Secondary Grade" which also mentioned that she had appeared for the Kindergarten examination.

3. After serving in a school on a temporary basis, both in leave vacancy and also in secondary grade leave vacancy, she was appointed on 18.06.1997 in a permanent vacancy in the fifth respondent school. The fifth respondent school submitted a proposal for the approval of the appointment from the third respondent i.e. The District Elementary Education Officer. But, the fourth respondent, i.e. The Assistant Elementary Education Officer has returned the Service Register of the appellant on the ground that she had passed only Kinder Garten Teachers Training Course and hence, she is not qualified. In such a situation, the appellant moved this Court and this Court directed the petitioner to file an appeal under Section 41 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as "the Act"). The third respondent rejected the appeal and the appellant had filed W.P. No. 235 of 1998 against which the present appeal has been preferred.

4. According to the appellant, the certificate issued by the first respondent clearly mentions "Teachers Certificate Secondary Grade" and therefore, it is not open to the third respondent to contend that her certificate is not equivalent to the Secondary Grade Teachers Certificate and as such, the order of the third respondent had been passed in violation of principles of natural justice and it is an arbitrary exercise of powers vested upon the third respondent. It is the further case of the appellant that the certificate possessed by her had been misconstrued as TSLC of the Secondary Grade or its equivalent and the certificate should have been treated as equivalent to that of the Secondary Grade certificate and hence, the certificate issued is a valid one and the respondents are estopped from contending that the Teachers Training Certificate possessed by her is not equivalent to that of a Secondary Grade Certificate. The further case of the appellant is that the first respondent has since abolished the post of Elementary Grade teachers and in that context, conducted a short-term course SCERT and upgraded all the elementary teachers as Secondary Grade teachers.

5. It was also pointed out by the appellant that the respondents, having issued a valid certificate, cannot now invalidate the same and cannot contend that it is of no value for the purpose of employment. In the G.O. Ms. No.1251 Education Department dated 14.12.1992, which has since been modified by subsequent letter dated 13.05.1993, directed that Pre School Teachers Training Course holders are eligible to hold the post of Secondary Grade teachers in Government Schools and local bodies and when the appellant possesses the same qualification, she has to be considered for the same and she cannot be singled out and treated differently merely because she is appointed to a private school and the refusal to approve her appointment is arbitrary and violative of Article 14 of the Constitution of India and dis