IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22.09.2011 CORAM: THE HON'BLE MR.JUSTICE K.CHANDRU W.P.NO.1877 OF 2009 and M.P.No.1of 2009 K.K.Kanagaajan Head Master R.V,Sharma Middle School Thethakudi North Post Vedaraniyam Taluk Nagapattinam District. ...Petitioner Vs. 1.The Director of School Education, College Road, Nungambakkam, Chennai-6. 2.The Director of Elementary Education, College Road, Nungambakkam,Chennai-6. 3.The Chairman, Teachers Recruitment Board, Sambath Building, Chennai-6. 4.The District Elementary Education Officer, Nagapattinam, Nagapattinam 5.The Chief Education Officer, Nagapattinam, Nagapattinam District. 6.The DistrictEducation Officer, Nagapattinam, Nagapattinam District. 7.The Assistant Elementary Officer, Vedaraniyam, Vedaraniyam Taluk, Nagapattinam District. ...Respondents https://hcservices.ecourts.gov.in/hcservices/ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to appoint the petitioner in the post of PG Assistant based on the G.O.Ms.No.132, Education and Science and Technology Department dated 21.02.1995. For petitioner:Mr.V.Kasinatha Bharathi For Respondents:Mr.N.Roofus Abraham Government Advocate(Edn) --- O R D E R The Petitioner, who was working in the Private Aided School namely, M/s R.V.Sharma Middle School at Thethakudi North Post, Vedaraniyam Taluk, filed the present writ petition, seeking for a direction to the respondents to appoint him to the post of PG Assistant as per the Government Order in 132, Education, Science and Technology Department dated 21.02.1995. 2.In this writ petition, notice of motion was ordered on 30.01.2009. Subsequently, the writ petition was admitted on 06.07.2010. In the application for interim direction, only notice was ordered. 3.On notice from this Court, the fourth respondent viz., the District Elementary Educational Officer, Nagapattinam filed a counter affidavit dated Nil (March 2011). Curiously the counter affidavit was not filed by the Office of the Government Pleader and the fourth respondent directly forwarded the counter affidavit to the Registrar of this Court with a covering letter dated 07.09.2011 along with extra copies. This made the Court to give copies to the Government Advocate appearing for the Education Department. It is the strange procedure adopted by the fourth respondent. In any event, the case of the petitioner cannot be countenanced by this Court for more than one reason. 4. The petitioner inasmuch as working in a private aided school is governed by the provisions of Tamil Nadu Recognised Private Schools Act 1973 and the rules made therein, with reference to the promotion made under the said rule, it is for the school management to promote the teachers, who are qualified to hold higher post. As the petitioner is only holding the post of a Middle School Headmaster, he can claim promotion within any vacancy arises in the said school, though the petitioner claims that he has got M.A.degree in History with B.Ed qualification. 5. Reliance placed on G.O.Ms.No.132, Education Department dated 21.02.1995 is misconceived. The said G.O. earmarked 10% of vacancies for School Assistants under the Tamil Nadu School Educational and Subordinate Service to be filled up by direct https://hcservices.ecourts.gov.in/hcservices/ recruitment to the post of Post Graduate Assistants in academic subjects. The quota fixed therein only applies only to those who are working in the Government Schools and not to aided schools. Since the petitioner will have to be considered within the four corners of the Private Schools Act, the present writ petition is misconceived. Accordingly, the writ petition stands dismissed. No costs.Consequently, conencted M.P.NO.1 of 2009 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar VJY To 1. The Director of School Education, College Road, Nungambakkam, Chennai-6. 2. The Director of Elementary Education, College Road, Nungambakkam, Chennai-6. 3. The Chairman, Teachers Recruitment Board, Sambath Building, Chennai-6. 4. The District Elementary Education Officer, Nagapattinam, Nagapattinam 5. The chief Education Officer, Nagapattinam, Nagapattinam District. 6. The DistrictEducation Officer, Nagapattinam, Nagapattinam District. 7. The Assistant Elementary Officer, Vedaraniyam, Vedaraniyam Taluk, Nagapattinam District 1 cc To The Government Pleader, SR.59424 W.P.No.1877 of 2009 and M.P.No.1 OF 2009 KK(CO) SRA(04/10/2011) https://hcservices.ecourts.gov.in/hcservices/