The Correspondent, St. Joseph's High School vs The State of Tamil Nadu and Others

K. Chandru, J.—The Petitioner is the Correspondent of St. Joseph''s High School, Pilankalai, Mulagumoodu, and Kanyakumari District. He

has filed the present writ petition, seeking to challenge the order of the Joint Director of School Education (Secondary Education), the third

Respondent dated 18.05.2010 and after setting aside the same seeks for a direction to Respondents 1 to 3 to consider and pass orders on their

proposal dated13.12.2004 for grant of exemption from the requirement of5 years teaching experience for the appointment of Rev. Fr. Varghese

Thomas as the Headmaster of the Petitioner School and also to direct the 5th Respondent District Educational Officer to give approval to the said

appointment and disburse the grant-in-aid towards his salary with effect from 02.06.2004.

When the matter came up for admission, on behalf of the Respondents, Mr. S.C. Herold Singh, learned Government Advocate took notice.

It is seen from the records that the Petitioner''s school by an order dated 02.06.2004 appointed one Rev. Fr. Varghese Thomas as Headmaster

of the School on probationary basis and on a consolidated pay with effect from 02.06.2004 till the date of his completion of 5years experience and

thereafter as Headmaster in the regular scale of pay. The said appointment was made due to the retirement of one Tmt. Hepsi Darmanayagam,

who got retired as Headmistress from the school on 31.05.2004. Thereafter, the Petitioner School sent a proposal to the5th Respondent for

approval. The school also sent are presentation dated 13.12.2004 to the first Respondent seeking for exemption from the minimum qualification for

the said teacher for holding the post of Headmaster. It was an admitted case that the said person did not have five years experience in the post of

teacher.

The 5th Respondent by a communication dated05.04.2005 sent a proposal to the second Respondent, Director of School Education informing

him that they had sought for an exemption from the minimum qualification from the Government. A further proposal dated 05.12.2007was also

sent stating that if the proposal is accepted, the said person can be given graduate teacher''s salary for 5 years and thereafter, he can get the salary

of a Headmaster and for that purpose, exemption was sought for.

These proposals were dealt with by the third Respondent and held that the request of the Petitioner Management for granting exemption for

Rev. Fr. Varghese Thomas to hold the post of Headmaster from minimum qualification cannot be granted. The said Rev. Fr. Varghese Thomas

had worked in St. Mary''s Higher Secondary School, Kaliyal from 03.06.1996 to 13.04.1999 only for a period of two years 11 months and 12

days and he did not have 5years teaching experience to hold the post of Headmaster. The Petitioner School sent a further letter to all the

Respondents and thereafter, filed the present writ petition.

It must be noted that u/s 19 of the Tamil Nadu Recognized Private Schools (Regulation) Act,1973, the Government is empowered to frame

Rules relating to qualification of teachers. u/s 20 of the Act, if a person does not possess the qualification prescribed u/s 19 cannot be appointed as

a teacher in any private school. u/s 20(3), it is only the Government which either by a general or by a special order can exempt any person from

possessing the qualification prescribed u/s 19. That exemption can only relate to age and experience for appointment as teacher. The Government

had already framed Rules known as Tamil Nadu Recognized Private Schools (Regulation)Rules, 1974 and under Rule 15(6) r/w Annexure V, the

qualification for holding the post of Headmaster has been prescribed. Under the relevant Rule, apart from possessing a PG Degree and degree in

Education, he should have also worked as a teacher in a recognized school foray period of not less than 5 years after obtaining B.T or its

equivalent degree. Though in respect of a minority school, the appointment to the post of Headmaster is solely the choice of a minority

management but such a person chosen by the Management must have the qualification to hold the post.

The Supreme Court while dealing with the case of N. Ammad Vs. The Manager, Emjay High School and Others, has only recognized the right

to choose a candidate and not a candidate without having the minimum qualification.In paragraph 15, the Supreme Court observed as follows:

A Constitution Bench of seven Judges of this Court in Kerala Education Bill, 1957, Re has examined the constitutional validity of the Bill which

was the precursor to the Act when the President of India had sought the advice of the Supreme Court under Article 143 of the Constitution. One

of the propositions laid down by the said Constitution Bench in the said decision is this: the right guaranteed under Article 30(1) is a right that is

absolute and any law or executive direction which infringes the substance of that right is void to the extent of infringement. But the absolute

character of the right will not preclude making of regulations in the true interests of efficiency or instruction, discipline, health, sanitation, morality,

public order and the like, as such regulations are not restrictions on the substance of the right guaranteed by the Constitution.

Mr. Isaac Mohanlal, the learned Counsel for the Petitioner contended that the Petitioner has now got the qualification to hold the post and a

direction may be given to approve his post.

This Court is not inclined to accept the request. The Petitioner was appointed as a Headmaster in an unapproved post. It is not clear whether he

took any class as a B.T. Teacher to gain experience as required. It is for them to send fresh proposals and not seek for a direction from this Court.

Further the matter of exemption is only vested with the State Government. In the present case, the Petitioner did not have an exemption obtained

from the State Government so as to enable Rev. Fr. Varghese Thomas to hold the post of a Headmaster. In the absence of the Petitioner school

having any exemption they have no right to continue theappointment of Rev. Fr. Varghese Thomas as the Headmasterof the school. It is not as if

there are dearth of talents in this country and that the Petitioner cannot find any other person of their choice who is also fully qualified to hold the

post.

The present writ petition is clearly misconceived and bereft of legal reasons. Hence, the writ petition stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.