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1989 Supreme(Mad) 56

NAINAR SUNDARAM
N. Sampathu – Appellant
Versus
Chief Educational Officer, Vellore and Others – Respondent


Appearing Advocates: For

Judgment :-

Nainar Sundaram, J.

The petitioner is a teacher in a private school, administered and managed by the third-respondent, which is a minority institution. On 30th August 1979, the petitioner was appointed as a Secondary Grade Assistant in the Walter Scudder Higher Secondary School, Tindivanam, of the third-respondent, hereinafter referred to as 'the school at Tindivanam'. The order of appointment says that the petitioner will be subject to transfer whenever necessary. After the Tamil Nadu Recognised Private School (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974), hereinafter referred to as 'the Act', came into force, an agreement was entered into by the Correspondent of the school at Tindivanam and the petitioner, setting out the terms and conditions of service. This agreement is in the form prescribed by the Tamil Nadu Education Rules.This is the result of a misconception because after the Act, the form to be adopted is the one prescribed by the Rules under the Act. In this agreement, there is a term empowering the management to transfer the petitioner to any other school under its control. On 30th May 1985, the petitioner was transfer from the school at Tindivanam to an




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