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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI, J.
A.Balamuruga Subramanian - Appellant
Versus
The Director of Higher School Education - Respondent
W.P.(MD)No.13420 of 2021, 20709, 20710 and 22553 of 2023 and W.M.P.(MD)No.10384 of 2021, 17127, 17129, 18799 and 18800 of 2023
Decided on : 27-01-2025
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 which, the school committee being the competent authority to make any appointments, in its meeting dated 04.01.2020, resolved to fill up the vacant post of Headmaster, by considering the merit and ability of the eligible teachers serving in the school. The date of selection process was scheduled on 13.01.2020. Accordingly, intimation was given to all the eligible teachers working in the school with regard to the selection process, and the same was also acknowledged by the teachers independently by affixing their respective signatures. In order to have transparency in the selection process, the school nominated two retired Headmasters who were experts in the field of education, who were in no way connected to the petitioner school for conducting the selection process. As scheduled, the selection process was conducted on 13.01.2020. Totally six teachers possessing required qualification took part in the selection process. Of which, on overall assessment of merit and ability of the candidates who took part in the selection process, the selection committee found one Thiru.S.Jeyakumar, PG Assistant (Commerce) as a meritorious and suitable candidate and recommended to promote him as Headmaster. The respondents 5, 6 and 7 were among the 6 persons who participated in the selection process. Upon the recommendation of the selection committee, the school committee promoted the selectee namely Thiru.S.Jeyakumar, PG Assistant (Commerce) as Headmaster and issued him with an order of appointment dated 22.01.2020. Following which, he joined as Headmaster on 22.01.2020. Thereafter, for the purpose of approval of his appointment, the petitioner school submitted necessary proposal to the Chief Educational Officer and District Educational Officer in the month of January 2020. The District Educational Officer vide proceedings dated 20.03.2020, forwarded the proposal to the Chief Educational Officer concerned. The Chief Educational Officer returned the proposal on 27.05.2020, for want of certain documents. The District Educational Officer vide proceedings in Na.Ka.No. 812/AA2/2020 dated nil-06.2020 (signed on 03.07.2020), communicated the impugned proceedings of the Chief Educational Officer dated 27.05.2020, to the petitioner school and directed to furnish certain documents. Following which, complying with the requirements sought for by the Chief Educational Officer, the petitioner School resubmitted the proposal to the Chief Educational Officer and District Educational Officer on 12.08.2020. Thereafter, the Chief Educational Officer again returned the proposal by the impugned proceedings in O.Mu.No.5678/A3/2020 dated 05.12.2020, directing the District Educational Officer to instruct the school to resubmit the proposal in full form by referring to his earlier proceedings d
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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