Rules framed under Article 309 are administrative rules applicable to aided schools.

1. For the purpose of brevity, it is enough to notice the facts in W.P.No.1513 of 1989. The petitioner was working as a Post Graduate Assistant in the 2nd respondent private school. When the post of Headmaster fell vacant on 1.6.1983, the School Committee appointed the 3rd respondent who was working as an inducted Teacher to that post. Aggrieved by that order, the petitioner filed on appeal before the Joint Director (1st respondent) contending that under the relevant Rules, only a Post Graduate Assistant could be promoted to the post of Headmaster and not an inducted Teacher. The Joint Director accepted that plea and allowed the appeal by order dated 7.4.1984. That order is challenged by the School Management in W.P.No. 14852 of 1988. The 3rd respondent who was appointed by the Management, filed an appeal before the Tribunal against the orders of the Joint Director. The petitioner in W.P.No. 15130 of 1989 has filed W.P.No.6944 of 1986 contending that the Tribunal has no jurisdiction to entertain an appeal in the matter of appointment of a Headmaster against the orders of the Joint Director. In W.P.No. 15130 of 1989, the petitioner challenges the order of the Management, appointing the 3rd respondent as the Headmaster.

2. The Higher Secondary System of Education was introduced in the year 1978. By G.O.Ms.No.1091, Education, dated 16.5.1978, non-statutory rules were made governing the qualifications and method of appointment of Headmasters and Teachers of academic subjects in Higher Secondary Schools. Realising the fact that for the- post of Headmaster, an experience of two years of service as Higher Secondary Assistant in any Higher Secondary School had been prescribed under the said Rules, it was ordered that a person who was working as a Headmaster with post Graduate qualification in a High School, may at the discretion of the Management be posted as Headmaster of a Higher Secondary School, but when future vacancy arises that vacancy should be filed in only by persons who are fully qualified to hold the post with teaching experience of two years as Post Graduate Assistant:

3. As stated earlier, the incumbent who was holding the post of Headmaster in the year 1983. In the 2nd respondent School which was then a High School was treated as an inducted Headmaster and he continued in that post till 30.5.1983. In the vacancy so caused, the 3rd respondent who was working as an inducted Teacher handling Higher Secondary Classes, was selected by the Management on the ground of merit and ability and experience to held that post of the Headmaster. The petitioner (in W.P.No.15130 of 1989), filed an appeal against that appointment. He relied on G.O.Ms.No.720, Education, dated 28.4.1981 which are rules made under the proviso to Art.309 of the Constitution of India governing the Tamil Nadu Higher Secondary Educational Service consisting of the posts of Headmasters, teachers in academic subjects, teachers in languages, Physical Directors,etc. These Rules propripo vigare will govern only schools run by the Govern-ment. But the preamble to G.O.Ms.No.720, Education, dated 28.4.198) stated that the qualifications and other service conditions prescribed in the appended notification for the posts of Headmasters, Teachers of Higher Secondary Standards and Physical Directors in Government Higher Secondary Schools will mutatis mutandis be followed also in aided schools run by Local Bodies (Municipalities and Corporations, etc.)

4. It is therefore obvious that the Rules made under the proviso to Article 309 of the Constitution ill G.O.Ms.No.720, Education, dated 28.4.1981 (hereinafter referred to as the Rules) would equally be applicable to Aided Schools. In those Rules, Rule 2 states that appointment to several classes and categories of the service shall be made in the manner as mentioned therein. As regards the post of Headmaster which falls in Class I, it can be either filled up (i) by recruitment by transfer or (ii) by promotion from Clas