COMMON JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.)

The above Writ Appeals are filed against the order dated

18.01.2017 passed in W.P(MD)Nos.8115 of 2011, 4165 and 8790 of

2012 respectively.

2. The Writ Petitioner, who is the first respondent in the above appeals had passed 12th standard in the year 2007. Thereafter, he had joined Ramakrishna Mission Vivekananda University, Periyanayakkanpalayam, Coimbatore, which offered D.P.Ed., certificate i.e., Diploma in Physical Education, which is a two years course. The qualification to join the said course is, a pass in Plus Two. The Writ Petitioner had completed the two years course of Diploma in Physical Education on 26.04.2009 and the provisional certificate was also issued on the same date. Based on the same, the writ petitioner had applied for the post of Physical Education Teacher with the second respondent School. An interview was conducted on 17.05.2010 and he was selected and was directed to produce all the necessary certificates. Based on the certificate verification, the second respondent herein, issued an order of appointment on 24.05.2010. Since the approval for the appointment to the post of Physical Education teacher is not given by the fourth appellant the District Educational Officer, Aruppukottai Taluk, Virudhunagar District, no payment is made from the date of the appointment as salary. The fourth appellant informed that the second appellant has not approved the appointment and the approval proceedings are pending. Due to which, salary could not be paid to the writ petitioner. While so, the second respondent school herein had sent a letter to Ramakrishna Mission Vivekananda University to furnish documents regarding the recognition of the University from the Tamil Nadu Government.

3. In response, the said University vide letter dated

28.12.2010 had replied that the courses D.P.Ed, B.P.Ed, M.P.Ed, were recognized and they have obtained permission from National Council for Teacher Education (NCTE), which in turn has a sent a proposal to Tamil Nadu Government for it's recommendation and approval. Subsequently, the University has obtained recognition from the State Government and produced the proceedings with regard to the same.

4. Further, the University had mentioned in the letter dated

28.12.2010 that the Course of D.P.Ed., was conducted by the Maruti Physical Education College for several years and the same was approved in Directorate of Teacher Education Research and Training by the State of Tamilnadu. The said Maruti Physical Education College is affiliated with Ramakrishna Mission Vivekananda University. Since the said University is approved by the State of Tamil Nadu, the second appellant was requested to approve the appointment of the first respondent/writ petitioner. The Writ Petitioner also obtained information through the Public Information Officer stating that the said University is a deemed University, which does not come under the control of State Government. The Writ Petitioner also obtained a communication under the Right To Information Act from the Directorate of Teacher Education Research and Training dated 11.04.2011 that there is no G.O issued stating that the Diploma in Physical Education issued by Ramakrishna Mission Vivekananda University and the Diploma in Physical Education issued by the State Government, are equal. In the meanwhile, the District Educational Officer, Aruppukottai Taluk, had sent a communication to the School on 03.06.2011, in which he had returned all the papers including the request for approving the appointment of the Writ Petitioner on the ground that the qualification possessed by the Writ Petitioner is not suitable to hold the post of P.E.T.(Physical Education Teacher).

5. While the matter stood thus, as the writ petitioner did not possess the requisite educational qualification for the post of Physical Education Teacher, his request for approval of his appointment was returned. Therefore, the Writ Pe