2023 Supreme(Online)(MAD) 34481

MADURAI BENCH OF MADRAS HIGH COURT
S.Amalraj – Appellant
Versus
S.Rosali – Respondent
WA(MD) 744 2019

A Secondary Grade Teacher appointed under the second category to handle standards I and II, on acquiring the qualification of T.S.L.C. or its equivalent, shall be eligible for promotion to the post of Headmaster (Elementary and Middle School).

Headnote:

EDUCATION - MINORITY SCHOOLS - PROMOTION - SECONDARY GRADE TEACHER - HEADMASTER - QUALIFICATIONS - TAMIL NADU MINORITY SCHOOLS (RECOGNITION AND PAYMENT OF GRANT) RULES 1977 - G.O.(MS)NO.172, SCHOOL EDUCATION DEPARTMENT, DATED 31.10.2002 - INTERPRETATION - A SECONDARY GRADE TEACHER APPOINTED UNDER THE SECOND CATEGORY TO HANDLE STANDARDS I AND II, ON ACQUIRING THE QUALIFICATION OF T.S.L.C. OR ITS EQUIVALENT, SHALL BE ELIGIBLE FOR PROMOTION TO THE POST OF HEADMASTER (ELEMENTARY AND MIDDLE SCHOOL).

Fact of the Case:

The first respondent/writ petitioner was appointed as a Secondary Grade Teacher in the R.C. Diocese of Madurai. She was transferred to Theni as a Second Grade Teacher and further, transferred to the fifth respondent School on 18.11.1996. Selection Grade was awarded to the first respondent on 20.09.2000. She was promoted to the post of Headmistress, Middle School on 07.07.2010. The Management of the fifth respondent School submitted a proposal seeking approval of appointment of the first respondent as Middle School Headmistress. Since approval was rejected, the promotion granted by the School Management was cancelled. Thus, the first respondent was constrained to move the Writ Petition.

Finding of the Court:

The order impugned dated 04.06.2019 passed in W.P.(MD).No.13848 of 2010 is set aside and the Writ Appeals are allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Issues: Whether a Secondary Grade Teacher under Clause 3 is eligible for promotion to the post of Headmaster (Elementary and Middle Schools) under Clause 1-A of the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules 1977.

Ratio Decidendi: The Rule makers intended to constitute two categories of Secondary Grade Teachers under the cadre of Secondary Grade Teacher.(I) The first category of Secondary Grade Teachers would be possessing the qualification of (i) S.S.L.C,(ii) T.S.L.C of Secondary Grade or its equivalent.(II) Another category of Secondary Grade Teachers would be possessing the qualification of S.S.L.C and pass in Nursery, Montessori and Kindergarten School Leaving Certificate Examination of Secondary Grade.Though the said two categories of persons were appointed under the common cadre of Secondary Grade Teacher, each category possess distinct and separate qualification even as per the Rules. It is unambiguously made clear in the Rules since the second category of Secondary Grade Teachers were appointed under the proviso clause, more specifically to handle standards I and II only. Therefore, the second category of Secondary Grade Teacher appointed under the proviso clause is not eligible to take classes for standards III to V. Thus, the Rule constituted two categories of Secondary Grade Teachers, one category can take classes upto V standard and another category can take classes upto II standard. Therefore, a distinction has been made between the Secondary Grade Teachers under Clause 3 in Annexure – III of the Rules.Clause 1-A provides qualification for Headmaster (Elementary and Middle Schools). Under the said clause, the qualification is (i) S.S.L.C.(ii) T.S.L.C. of Secondary Grade or its equivalent; and(3) should have worked as Teacher in recognised schools for a period of not less than five years after obtaining T.S.L.C of Secondary Grade or its equivalent.Therefore, the qualifications contemplated under the proviso to Clause 3 is absent under Clause 1-A, the qualification prescribed for Headmaster. More so, Clause 1-A (3) also indicates that the experience of not less than five years must be after obtaining the T.S.L.C. of Secondary Grade or its equivalent. Therefore, a Teacher, who was appointed with the qualification of S.S.L.C and T.S.L.C of Secondary Grade or its equivalent, possessing the experience of five years alone, is eligible for promotion to the post of Headmaster (Elementary and Middle School). A Secondary Grade Teacher appointed under the second category to handle standards I and II, on acquiring the qualification of T.S.L.C. or its equivalent, shall be eligible for promotion to the post of Headmaster (Elementary and Middle School).

Final Decision: The order impugned dated 04.06.2019 passed in W.P.(MD).No.13848 of 2010 is set aside and the Writ Appeals are allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.