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1996 Supreme(Mad) 494

S.M.ABDUL WAHAB
S. Subramanaiam – Appellant
Versus
The Joint Director of School Education (Secondary) and Appellate Authority, Madras & Others – Respondent


Advocates:
K.Alagirisami, Senior Counsel, for M/ s.R.Balasubramanian, S. Neelamegam, T.M. Venkataraman and T. Chandrasekaran, for Petitioner. P.Rajamanickam, Additional Government Pleader, for Respondent No. 1. J.R.K. Bhavanandam, for Respondent Nos.2 and 3.

Judgment :

This writ petition is for quashing the order passed on 19. 1987 by the first respondent and to direct the 2nd respondent to promote the petitioner as the Headmaster of Sokkalal Higher Secondary School, Mukkudal, Tirunelveli Kattabomman District.

2. The petitioner joined as B .T. Assistant in the Board High School, Kalingapatti, in 1962 and later he was appointed in the second respondent school from 26. 1964.The qualification of the petitioner is B.Sc, in Physics in 1 st Class and. the petitioner also applied for the post of Headmaster in the 2nd respondent- school which was vacant. Even though there were number of qualified candidates including the petitioner, the second respondent published an advertisement in “ThinaThanthi” calling for applications from suitable persons for filling up of the post of Headmaster of his school. The petitioner as well as the other qualified candidates also applied for the said post. But the second respondent overlooking the preferential claim of the petitioner, appointed one R.Balasubramaniam, the 3rd respondent as the Headmaster.

3. Aggrieved by that appointment, the petitioner and others preferred an appeal to the Joint Director (Second








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