ORDER

This present writ petition has been filed to quash the termination order, dated, 21.04.2016 with the consequential prayer to quash the consequential order, dated, 09.09.2016.

2. The petitioner was appointed as Assistant Teacher on 26.07.1985 at Roselyn Primary School, which is the Government Aided Private School. The petitioner obtained teacher training certificate, namely, Teachers Certificate Higher(TCH) from the Karnataka Board in the year 1981. That certificate was evaluated as equivalent to the Secondary Grade Teachers Certificate Tamil Nadu, vide proceedings, dated, 17.10.1986. The contention of the petitioner is that in the communication, dated, 17.10.1986, the first respondent has further stated that the same certificate was retained by the first respondent for further verification if necessary. For about 7 years, there was no doubt whatsoever regarding the certificate issued by the Karnataka Board. However, in the year 2011, along with few others, the petitioner filed W.P.No.26441 of 2004 before the Principal Bench for a Mandamus, directing the respondents to return the petitioner's original certificate and this Court directed the respondents to return the original certificate to the petitioner, vide order, dated, 25.08.2011 and it was made clear that injunction granted in W.P.M.P.No.32197 of 2004, dated, 02.11.2004 will continue till the petitioners get their original certificates. 3. The contention of the petitioner is that without returning of the original certificates and without taking any adverse action against holders, the fifth respondent, the Secretary of the school, who is the petitioner's elder brother had vengeance against the petitioner and dismissed the petitioner. The contention of the petitioner is that after 30 years of service, the fifth respondent placed the petitioner under suspension, vide order, dated, 21.08.2015.

Thereafter, issued a Charge Memo, dated, 13.10.2015 leveling charges for submitting false certificates and the petitioner challenged the same in W.P. (MD)No.19200 of 2015 and the meanwhile the school proceeded with the enquiry and passed the termination order, dated, 21.04.2016 without getting any prior approval from third respondent. The Secretary of the school, which is a non-minority private aided primary school has passed the termination order without any prior permission from the competent authority as required in Section 22 of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and hence the termination is illegal. As per Section 23, the petitioner preferred an appeal on 25.04.2016 and the same was pending without any response. Thereafter, the petitioner filed W.P.No.10738 of 2016, seeking for a direction to the third respondent to pass orders in the appeal and the same was disposed of on 25.04.2016. The second respondent has passed the impugned order, dated, 09.09.2016, rejecting the appeal and stating that the certificate is a false certificate. Aggrieved over the same, the present writ petition is filed. 4. The respondents filed a counter stating that the petitioner's claim was considered. The issue of bogus certificate by Karnataka Board was considered by several other litigations also. The Registrar of the said Board has sent a communication stating that the petitioner's Registration No. 13228 and she has passed first year in April 1980. For the second year, the petitioner's number is 12601 and the examination was conducted in April 1981. But the petitioner did not appear in all papers. Therefore, the petitioner was considered as fail in the second year. Therefore, the petitioner is not entitled to a prayer.

5. Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.V.Om Prakash, learned Government Advocate(Civil Side) appearing for respondents 1 to 4 and Mr.M.Subbaiah, learned counsel appearing for respondent 5.

6. The issue of bogus certificate submitted by the teachers as if it is issued by Karnataka Board was considered by Division B