IMPORTANT POINT
Minority institutions must adhere to the Tamil Nadu Private Schools (Regulation) Act when appointing staff, especially when receiving government grants.

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 possess the required qualification qua Post Graduate service qualification and the said rejection order dated 22.08.2019 is under challenge in the writ petition.

3. The said writ petition was resisted by the 4th respondent, by contending that the petitioner was initially appointed as a Junior Grade Secondary Grade Teacher with consolidated pay with effect from 29.08.2003, and he was brought to regular scale of pay of Secondary Grade Assistant with effect from 01.06.2006. Thus, according to the 4th respondent, the petitioner was serving as a Middle Grade Teacher with effect from 01.06.2006. It is also the submission of the 4th respondent that by virtue of G.O.Ms. No. 1091/Fin(Pc) department dated 15.06.1978, the qualification for the Headmaster of the Higher Secondary School is the Post Graduate Degree with 10 years teaching experience, out of which 2 years should have been as a Higher Secondary Assistant in any Higher Secondary Schools.

4. It was also contended by the 4th respondent that the qualification for the Higher Secondary School Headmaster has been further reviewed vide letter in Rc.No. 1057/W8/93 dated 08.07.1996 fixing the qualification for the appointment of Higher Secondary School Headmaster as Post Graduation with B.Ed/BT qualification with 10 years teaching experience as B.T. Assistant and experience in feeder category of High School Headmaster or Headmaster in any Teacher Training School and P.G. Assistant, in any recognised school with service not less than 5 years. According to the 4th respondent, the petitioner did not have required qualification and the petitioner had acquired only 10 years of service in the category of B.T. Assistant and he has not at all rendered service as P.G. Assistant. Therefore, it is contended by the 4th respondent that the petitioner has not qualified to be appointed as the Headmaster. Therefore, states that the rejection order is in conformity with the provisions under the Tamil Nadu Private Schools (Regulation) Act, 2018.

5. In line with the 4th respondent's counter statement, the 7th respondent qua the rival candidate, who has been subsequently impleaded and claiming to be appointed as Headmaster, contended that the petitioner did not qualify to be appointed as the Headmaster and that he [R7] is the only eligible person to be appointed as the Headmaster.

6. The Writ Court, after having considered both side contention, found that even though the petitioner being a Minority Educational Institution, by referring the judgment of the Hon'ble Supreme Court in Kolawana Gram Vikas Kendra Vs. State of Gujarat and Others, (2010) 1 SCC 133 held that in respect of appointment of teaching staffs and other staffs, that too when they obtain grant from the Government, has to follow the Tamil Nadu Recognised Private Schools