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S. M. SUBRAMANIAM, C. KUMARAPPAN
Mark Donald Carron – Appellant
Versus
State Government of Tamil Nadu, Rep. by its Secretary Education Department (Higher Education), Chennai – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 09.08.2021 made in W.P. No. 25800 of 2019.
1. The instant writ appeal has been filed by the writ petitioner assailing the order of dismissal passed in W.P. No. 25800 of 2019.
2. The brief facts which give rise to the instant writ petition is that, the petitioner was initially appointed as a Junior Grade Secondary Grade Teacher at St Matthias Anglo-Indian Higher Secondary School, Vepery, Chennai with effect from 29.08.2003. Thereafter, he was promoted and confirmed as BT Assistant in the English subject. While so, the 6th respondent-Management called for applications during April 2018 for the post of Headmaster. Pursuant to the said notification, when the petitioner applied, amongst the other candidates, the 6th respondent has selected the petitioner as Headmaster of St George's Anglo-Indian Higher Secondary School. Thereafter, he was appointed as the Headmaster of School with effect from 01.06.2018. The appointment was forwarded to the 4th respondent for approval. However, the 4th respondent has not granted the approval on the ground that the petitioner did not
The absence of a specific requirement for a headmistress to pass the TET under the 1978 Rules, and the non-retrospective application of the TET requirement to invalidate the respondent's prior appoin....
financial Liability to the State is not a reigning consideration while interpreting statutory rules and notifications.
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
The central legal point established in the judgment is that the mandatory qualification of teaching experience for appointment as Headmistress cannot be relaxed without fulfilling the conditions spec....
Point of law : Court cannot substitute the statutory qualification, which is not otherwise provided under the relevant provisions, which prescribe the essential qualification for appointment to the p....
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