The petitioner who has been working as Secondary Grade Teacher in the fourth respondent school, namely, Hindu Yadava Primary School, Sadayampatti, Sattur Post, Virudhunagar District, seeks a writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 07.02.2012, in and by which, her request for promotion to the post of Headmistress was denied by the authorities on the sole ground that the school is functioning under direct payment and therefore, there cannot be any action taken in respect of appointment/promotion of Teachers.
2. The erstwhile Secretary of the fourth respondent school died on 25.01.2001. Since there was delay in appointing a new Secretary, the school has been brought under direct payment with effect from 27.11.2011. It is also seen that one Mrs.Kurinjiselvi, working as Headmistress died on 03.02.2003 and the post of Headmistress is lying vacant from 04.02.2003. The petitioner being a senior most Teacher is literally functioning as Headmistress in- charge, though the Department has not recognised her as such. The school being under direct payment, salaries have been disbursed only through the petitioner.
3. It is also seen from the instructions received by the learned Additional Government Pleader that there is no dispute regarding the management of the school pending in any civil Court.
4. The petitioner had earlier filed W.P(MD)No.12513 of 2011 seeking promotion as Headmistress and this Court had directed the authorities to consider the claim of the petitioner on merits and in accordance with law. Pursuant to the said order, the impugned order has been passed on 07.02.2012. Though the school was brought under direct payment in 2011 and this writ petition is pending for more than 5 years, no Secretary has been appointed for the school till date and the instructions given by the District Elementary Educational Officer, Virudhunagar District, would show that there is no claimant for the post of Secretary.
5. This position cannot be used by the Department to deprive the petitioner of her legitimate promotion that she is otherwise entitled to.
6. Section 18-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, provides for appointment of a Special Officer when the management of any private school neglects to perform its duties.
7. Therefore, this writ petition is allowed and the impugned order of the second respondent ? District Elementary Educational Officer, vide proceedings in Na.Ka.No.00077/Aa4/2012, dated 07.02.2012, is quashed. There will be a direction to the respondents to take steps to appoint a Special Officer to the fourth respondent school, who will function as Secretary of the fourth respondent school, in terms of Section 18-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. So that, the claims of the petitioner and other Teachers could be considered. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.
To
1.The Director of Elementary Education, College Road, Chennai ? 600 006.
2.The District Elementary Educational Officer, Virudhunagar, Virudhunagar District.
3.The Assistant Elementary Educational Officer, Sattur, Virudhunagar District..