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2010 Supreme(Mad) 4804

P.JYOTHIMANI
P. Babu – Appellant
Versus
The District Educational Officer – Respondent


Advocates Appeared:
For the Petitioner:V. Sanjeevin, Advocate.
For the Respondents:R1 - C. Mani Bharathi, G.A., R2 & R3 - K. Balamurugan, Advocate.

Judgment :-

1. The petitioner in these cases was appointed as Waterman in the 2nd Respondent School, which is an aided School governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act. For the sake of convenience, the parties are referred to as arrayed in W.P.No.7715 of 2004. It appeared that there was a vacancy of the post of Waterman, which is a non-teaching post in the 2nd Respondent School within the sanctioned strength which occurred in December 2001. The 2nd Respondent School has sought for permission from the District Educational Officer - 1st Respondent to fill up the said vacancy on 20.12.2001 and that permission was granted by the 1st Respondent in his proceedings dated 9.1.2002. It was thereafter the 2nd Respondent School has called for list of suitable candidates from the Employment Exchange, Salem on 23.3.2002 and the Assistant Director of District Employment Office, Salem in the letter dated 5.4.2002 has sent list of candidates numbering 11 for selection for appointment of the said Post and the petitioner happened to be one among the said 11. Interview for the said post was held by the 2nd Respondent on 3.5.2002. It is seen that the petit













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