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2004 Supreme(Mad) 604

High Court of Judicature at Madras
R. JAYASIMHA BABU & M. KARPAGAVINAYAGAM
STATE OF TAMIL NADU
Versus
PALLIVASAL PRIMARY SCHOOL
WRIT APPEAL No: 249 of 2002
Decided On :Decided On : 02-04-2004

Advocates Appeared:
For the Appearing Parties: -----

Judgment :-

M. KARPAGAVINAYAGAM, J.

(1) BY this order we dispose of only those of the writ appeals and writ petitions now before us in which the validity of part or whole of G. O. Ms. No: 155 dated 3. 10. 2002 and or action taken in terms of that Government Order is in issue. In this order, we will only deal with the validity of that government Order. If in the petitions before us there are issues other than the validity of G. O. Ms. No: 155, those matters shall be listed separately for disposal of those issues.

(2) IT is convenient to set out G. O. Ms. No: 155 in question in its entirety.

"school EDUCATION (D-2) DEPARTMENT g. O. Ms. No: 155 Dated : 3-10. 2002 read : 1. G. O. Ms. No: 559 Education dated 11. 7. 95 2. G. O. Ms. No. 203 Education dated 19. 3. 96 3. G. O. Ms. No. 394 School Education dated 12. 9. 97 4. Order in W. P. No. 6388/98 batch judgment of the high Court, dated 19. 5. 98. 5. Order in W. A. No: 991 to 998/98, etc. Batch judgment of the Division Bench dated 29. 6. 2001 6. Proceedings of the Director of Ele. Education issued in letter Na. Ka. 21523/eg4/2001 dated 27. 7. 2001. 7. Proceedings of the Director of School Education, issued in Na. Ka. No. 689/d3/99 dated 10-3-99, 10-9-99 and 9-10-2001.

(3) IN the G. O. first read above orders were issued based on the High court order that B. Ed teachers shall not be appointed in Secondary Grade vacancies. In the order second cited, permission was granted to approve the appointment made till the issue of G. O. Ms. No. 559, Education, dated 11. 07. 1995 subject to their appointments are otherwise in order and further orders if any by the Court in any pending case. In the G. O. third read above the condition was extended to High School and Higher Secondary Schools also. The writ petitions were filed challenging G. O. Ms. No. 559 dated 11. 07. 1995 and g. O. Ms. No. 394 dated 12. 0 9. 1997 (W. P. No. 6388/93 etc.) and the same was dismissed by the High Court, Madras. Writ Appeals were preferred before division Bench and final order was passed on 29. 06. 2001 with following directions :

"we appreciate the stand taken by the learned Additional Advocate general, which is a pragmatic stand and has an unshakable base of experience. In order to avoid an undue hardship to these teachers who have been serving for years together in the lower classes even after studying for a graduation degree that too on meager salaries, it will be better if an exercise is taken for the confirmation of these teachers. The modalities of which may be decided by the State Government. The State Government may decide to give the practical training or may even choose to individually examine each case on its own merits. There may be individual cases where the Management was absolutely justified in employing a graduate teacher and there could be others where there was no such justification. We do not wish to draw the details and leave it to the State Government. However, the State Government shall take up this exercise as we have indicated above providing relief to at least such teachers who have been inducted prior to the dismissal of the Writ Petitions before the learned single Judge. We direct accordingly while dismissing the appeals and the writ petitions. No costs. "

(4) IN compliance with the Division Bench Order dated 29. 6. 2001 reports were received from the Director of School Education and the Director of Elementary Education for approving the B. Ed. . and Tamil Bandits appointed in Secondary Grade vacancies.

(5) AFTER careful consideration of the same by the Government following order is passed :

i) B. Ed. Graduates and Tamil Pandits appointed in sanctioned regular posts from 11-7-95 to 19-5-98 in Minority and non-minority primary, middle, High and Higher Secondary Schools are given permission to grant approval.

ii) B. Ed. Graduates and qualified Tamil Pandits who are appointed in Secondary Grade Vacancies, shall undergo one month child Psychology through D. I. E. T in their own expenses and the Direct



















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