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1991 Supreme(Mad) 45

NAINAR SUNDARAM, THANIKKACHALAM
L. Paulraj – Appellant
Versus
The District Educational Officer, Tanjore District at Tanjore and others – Respondent


Appearing Advocates:K.Chandru, for N.Kannadasan, K.Elango, G.Krishnaraj, for Appellant. K.Ravirajapandian, Additional Government Pleader, for Respondent Nos.1 and 2.

Judgment :-

Nainar Sundaram, J.

This writ appeal is directed against the order of the learned Judge in W.P.No.1628 of 1990. The petitioner in the writ petition is the appellant herein respondents in the writ petition are the respondents herein. Convenience suggests to us writ petition while dealing with the controversy in the writ appeal. The petitioner is working as a B.T. Assistant, is the fourth respondent school. The post of the headmaster at the fourth respondent-school fell vacant on 31.5.1988, on account of the retirement of the previous incumbent. So far as the qualification of the petitioner to the post is concerned, the petitioner is qualified. The petitioner claims that the post of the headmaster should be filled up as G.O.Ms.No.1297, Education Department, dated 21.7.1979. The foundation for this claim the petitioner is referable to Clause 2(b)(i), which lays down that the vacancies in the of headmasters of middle schools due to death, retirement, resignation, etc. shall be filled by the senior-most among persons working as Secondary Grade Teachers or in other cadres of trained teachers, but qualified for B.Ed. Tamil Pandit. According to the petitioner, he being the senio




















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