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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs. Justice L. Victoria Gowri, J
A.Balamuruga Subramanian – Appellant
Versus
Director of Higher School Education – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Prayer in W.P.(MD)Nos.13420 of 2021, 20709 and 20710 of 2023 :-
These Writ Petitions are filed, forbearing the respondents 1 to 4 in any manner from appointing and approving the 4th respondent, namely, S.Jeyakumar, who is junior to the petitioners as Head Master, in 3rd respondent school. Prayer in W.P.(MD)No.22553 of 2023:-
2. Challenging the impugned proceeding issued by the Chief Educational Officer in O.Mu.No.2084/A3/2020, dated 27.05.2020 and O.Mu.No.5678/A3/2-2 dated 05.12.2020 and consequential proceedings of the District Educational Officer in O.Mu.No.4345/AA2/2021 dated 15.02.2022 and further direct the respondents to approve forthwith the promotion of S.Jeyakumar as Headmaster in the petitioner's School, namely, Hindu Nadar Higher Secondary School, Kadambur, Thoothukudi District w.e.f. 22.01.2020 (or at any rate w.e.f. 01.09.2021) with all monetary and consequential benefits.
3. For the sake of convenience, the parties herein are referred to as per the ranking in W.P.(MD)No. 22553 of 2023.
4. A post of Headmaster fell vacant in the petitioner school on 01.06.2018 due to the retirement of the then incumbent Tmt.S.Jegajothi on 31.05.2018. Following wh
The court upheld the merit-based selection process for Headmaster and ruled that accepted resignations cannot be retracted.
The main legal point established in the judgment is that a teacher's resignation should be made voluntarily, and if the employee withdraws such resignation, it is duly entitled to do so.
A resignation tendered and accepted under Rule 114A of the Delhi School Education Rules is deemed effective if not opposed within 30 days by the Director of Education, even if coercion is later claim....
A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
Rule 44 reads as appointment of Headmasters shall ordinarily be according to seniority from the seniority list prepared.
The main legal point established in the judgment is that the acceptance of an employee's resignation within a specified period is mandatory under Rule 114A of the Delhi School Education Rules, 1973, ....
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
Termination of services during probation must have prior approval from the educational authority, and lack of compliance renders such termination unlawful.
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