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2009 Supreme(Mad) 3359

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR
Francis Edward – Appellant
Versus
Government of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department & Others – Respondent


Advocates Appeared:
For the Petitioner:Hemalatha, Advocate.
For the Respondents:R1 to R4, K. Balakrishnan, Addl. Govt. Pleader, R5, Godson Swaminath, for Issac Mohanlal, Advocates.

Judgment :-

The prayer in the writ petition is to issue a writ of mandamus directing the respondents 1 and 2 to sanction the post of Physical Education Teacher in the 5th respondent School and further direct the respondents to pay salary from 11. 1988.

2. The case of the petitioner is that the 5th respondent School is a Private Minority Aided School. The 5th respondent School was originally established and administered as Elementary School, which was upgraded as Middle School from 8. 1981 and further upgraded as High School from 6. 1988. One post each of Headmaster, B.T.Assistant/Graduate Teacher, Tamil Pandit and Office Assistant were sanctioned to the High School setions with effect from 6. 1994 and no Physical Education Teacher post and Junior Assistant post were sanctioned. Petitioner states, the strength of the school exceeded 300 from 1994-95; during the year 1988-89 the student strength was 203; and during the year 1989-90 the strength was 250. The 5th respondent management, in anticipation of the sanction of Physical Education Teacher post, appointed the petitioner as Physical Education Teacher from 11. 1988. The petitioner claims that he is fully qualified to hold the said





















































































































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