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Judgment
S.S. Subramani, J.—Petitioner seeks issuance of writ of certiorarified mandamus, calling for the records relating to the proceedings of 2nd Respondent in his Rc. No. 1. Dis. 45459/EG2/97 dated 24.12.1997 and quash the same and direct the Respondents to approve the Petitioner''s appointment of Smt. R. Grahalakshmi as Headmistress of S.H.N. Girls Middle School, Sivakasi, on 13.9.1995 and grant salary and other benefits accordingly, or in the alternative to pay her salary as a School Assistant (B. Ed. Teacher) till she completes the five years period, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
Petitioner is a recognised School in which a vacancy arose for the appointment of Headmaster on 1.6.1994. The erstwhile Headmaster retired on 31.5.1994. As per proceedings of the District Elementary Educational Officer, Petitioner was permitted to appoint a Headmistress on permanent basis. A request was made to the District Educational Officer to send a list of qualified B. Ed. O.C. candidates for selection of appointment as Headmistress. In the communication, it was made very clear that the candidate should have five years experience either in Middle School or in High School. The District Employment Officer, after taking into consideration all aspects and qualifications and eligibilities of the persons, by communication dated 30.6.1995, sent a list of 20 eligible candidates, and Smt. R. Grahalakshmi was appointed as Headmistress from 3.11.1995. After appointment, the matter was communicated to third Respondent for approval. Third Respondent approved the same. The matter was taken to 2nd Respondent, who also confirmed the decision of third Respondent. The same is challenged in this Writ Petition.
In the various grounds that are raised in the Writ Petition, it is said that in spite of the fact that it has been communicated to the District Employment Officer regarding the eligibility of candidates, he has sent a list, it must be presumed that a candidate who was interviewed, possessed the requisite qualification. It is said that the Instruction of the Government that five years experience is necessary for appointment of Headmistress is not applicable in this case since the post fell vacant prior to the Notification. It is further said that the Tamil Nadu Recognised Private Schools (Regulation) Act also does not prescribe five years teaching experience in respect of graduate Middle School Headmaster with B. Ed. Qualification. It is said that Smt. Grahalakshmi has actually worked for more than 16 years as teacher in S.H.N. Girls English Medium School which is also under the administration and management of the same School Committee., and, therefore, if the period of service put in that School is taken into consideration the five years teaching experience qualification is also satisfied.
At the time when the matter came up for admission, learned Government Advocate took notice, and the entire matter was heard.
After considering the rival contentions, I do not think that the impugned order is liable to be interfered with.
The main reason for rejecting the approval is that Smt. Grahalakshmi is not having five years experience, which is one of the basic qualifications that are required for the appointment.
Learned Counsel for Petitioner submitted that Smt. Grahalakshmi has got required qualification for which she produced a Certificate dated 2.1.1996, which reads thus:
The Sivakasi Hindu Nadars Girls Nursery & English Medium School, Sivakasi.
Date: 2-1-96.
Service Certificate
This is to certify that A Grahalakshmi has been working as an English Medium Assistant in our S.H.N.G. Nursery and English Medium School from 29.6.76 to 2.11.95....
According to me, the Certificate is of no use. It is stated therein that she has been working as an English Medium Assistant in a Nursery and English Medium School from 29.6.79 to 2.11.95. Apart from the fact that the Nursery School is not a recognised School, one of the qualifications prescribed for appointment as Headmaster is that the applicant should have worked as Secondary Grade Teacher in any one of the recognised Schools for a period of not less than five years after obtaining the Teachers Training School Leaving Certificate of Secondary Grade or its equivalent. If that qualification is considered, it is clear that on the date when the vacancy arose, i.e., on 1.6.95, Smt. Grahalakshmi was not having the required qualification. Jayasimha Babu, J. had occasion to consider a similar question in W.P. Nos. 6607 of 1991 and 17963 and 18718 of 1992. As per Order dated 5.9.1995, learned Judge said that for the post of Headmaster, which is a very responsible post, experience is absolutely necessary and the same is not liable to be exempted or waived. Learned Judge further found that even if there is any extraordinary power of exemption, that can be exercised only for the purpose of promoting the objects of the Act, and not to violate the same. It was further found that unless there is specific power given to exempt the qualification, there is no incidental power to grant exemption from the basic qualification. The said decision was followed by P. Sathasivam, J. in a batch of Writ Petitions, viz. W.P. 11257 of 1995, 13099 of 1995, 15441 of 1995 and 3818 of 1997 - Order dated 30.8.1997 (J. Deivkadatcham v. The Joint Director of Elementary Education, DPI Compound, Madras-6). The order of Sathasivam, J. was confirmed in Writ Appeal No. 418 of 1998 as per judgment dated 263.1998. I have also followed all these decisions in W.P. Nos. 13090 of 1997 and 2406 of 1998 - order dated 20.7.98 (Tamil Nadu Anglo Indian Schools Teachers and Staff Association, etc., Chennai-4. v. The Government of Tamil Nadu rep. by its Secretary to Government). From these judgments, it is clear that the Authorities have acted only in accordance with law, and they have rightly rejected the request for approval of the Headmistress, who did not have the basic qualification when the vacancy arose. The alternative relief sought for in this Writ Petition is, to permit the Headmistress to act as School Assistant till she gets qualified. I do not think that such a relief could be granted since the vacancy that has to be filled up is only that of a Headmistress of the School.
In the result, the Writ Petition is dismissed. No costs. WMP 4647 of 98 is also dismissed consequently.