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2007 Supreme(Mad) 3078

S.K.KRISHNAN, P.K.MISRA
Eka Ratchagar Sabai Higher Secondary School & Another – Appellant
Versus
K. Sumathi & Another – Respondent


Advocates:
For the Petitioners:M. Joseph Thatheus Jerome, Advocate. For the Respondents:R1 D. Hariparanthaman, Advocate, R2 Viswanathan, AGP.

Judgment :-

P.K. Misra, J.

First Appellant, namely, Eka Ratchagar Sabai Higher Secondary School, is a religious minority aided school. First respondent joined such school on 7. 1982 as Tamil Pandit, which was in B.T. Assistant Cadre. Subsequently, the High School was upgraded as Higher Secondary School. In 2001, on retirement of the Headmaster, Mrs. Patti Jeeva Malar, who was working as a Post Graduate Assistant in Tamil, was appointed as Headmistress with effect from 6. 2001. The dispute in the present appeal relates to filling up of consequential vacancy in the post of P.G. Assistant in Tamil. At that stage, Appellant No.2 was appointed by direct recruitment as P.G. Assistant in Tamil. According to the case of Respondent No.1, such appointment of Appellant No.2 as P.G. Assistant in Tamil is in violation of Rule 15(4)(ii)(i) of Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. 1.1 Respondent No.1 filed W.P.No.11120 of 2001 seeking for a direction to promote her as P.G. Assistant in Tamil. The main contention raised in the writ petition was to the effect that in view of the provisions contained in Rule 15(4), the school authorities had no jurisdiction to appoint P.G. A










































































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