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2014 Supreme(Mad) 2134

R.MAHADEVAN
K. Venkatesh Prabhu – Appellant
Versus
Joint Director [Higher Secondary] – Respondent


Advocate Appeared:
For the Petitioner:M. Ajmal Khan, Senior Counsel, H. Mohammed Imran, Advocates.
For the Respondents:R1 to R3, J. Gunaseelan Muthiah, Government Advocate, R4, Muthugeethayan, R5, P. Muthuvijayapandian, Advocates.

Judgment

1. The writ petition has been filed challenging the appointment of the 5threspondent as PG Assistant in the 4th respondent school and for consequential direction to appoint the petitioner in the said post in the light of Rule 15(4) (ii) (i) of Tamil Nadu Recognized Private Schools (Regulations) Rules, 1974.

2. The brief facts of the case is as follows:

2.1. The petitioner who was appointed as B.T Assistant on 02.11.2007, qualified himself for being appointed as P.G Assistant (Physics) and applied for the same as soon as the post fell vacant on 01-06-2010. Despite representations, the 4threspondent failed to follow Rule 15(4) (ii)(i) of Tamil Nadu Recognized Private Schools (Regulations) Rules, 1974 and called for application for appointment through direct recruitment and later appointed the 5th respondent by the impugned order. Aggrieved the petitioner is before this court.

3. The Learned Senior Counsel appearing for the petitioner painstakingly contended that on the date of vacancy, the petitioner was fully qualified to be appointed as the P.G Assistant (Physics). The Counsel further pointing out to Rule 15(4) (ii) (i) of Tamil Nadu Recognized Private Schools (Regulations)
























































































































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