1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22/8/2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9286 of 2011 Balasubramanian ... Petitioner -Vs- 1. The District Elementary Educational Officer Tirunelveli. 2. The Assistant Elementary Educational Officer Alangulam Tirunelveli District. 3. The Secretary Jothi Primary School Lakshmipuram Alankulam Taluk Tirunelveli District. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of mandamus to direct the respondents to consider the name of the petitioner for the post of Headmaster in the light of Rule 15 (4) of the Tamil Nadu Private Schools (Regulation) Rule, 1974 as per the proceedings of the third respondent dated 14/7/2011. For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.S.Chandrasekar, GA for R.R.1 and 2. O R D E R The petitioner, has sought for a mandamus, directing the respondents to consider his name for the post of Head Master, in the light of Rule 15 (4) of the Tamil Nadu Private Schools (Regulation) Rule, 1974, as per the proceedings of the third respondent dated 14/7/2011. 2. Pleadings and material on record shows that, consequent to the retirement of one Mr.Vaithiyalingam from the post of Head Master on 31/5/2011, the petitioner has made an application to the Secretary to the School, Jothi Primary School, Tirunelveli District/ third respondent herein for appointment as Headmaster. As on today, he is working as Head Master (in-charge). According to him, as per Rule 15 (4) of the Tamil Nadu Private Schools (Regulation) Rule, 1974, the petitioner being the senior most person, has to be appointed as Head Master. It is his further contention that the Secretary of the third respondent School has sent a letter dated 14/7/2011 to the respondents 1 and 2, for passing appropriate orders. Since, the same has not been considered and disposed of so far, the petitioner has come forward with the present writ petition praying for the relief, as stated supra. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Heard the learned counsel appearing for the petitioner. 4. A perusal of the pleadings and materials on record shows that consequent to the retirement of the Headmaster in the School, the petitioner has been appointed as Head Master (in-charge) in the third respondent School. In the letter dated 14/7/2011, the Secretary of Jothi Primary School, Lakshmipuram, third respondent herein, has sought for appropriate orders, from the educational authorities, to appoint the petitioner as Head Master. A appointment of teaching and non-teaching staff, to a Recognised Private School has to be made by the School Committee, constituted under the Act and the Rules framed thereunder, and not by the educational authorities. The prayer to consider the case of the petitioner for the post of Head Master in the light of Rule 15 (4) of the Tamil Nadu Private Schools (Regulation) Rule, 1974 is misconceived and hence, the writ petition stands dismissed. At best, the third respondent can seek for approval of any appointment made. No costs. SD/- Deputy Registrar (Writs) /True copy/ Assistant Registrar To 1. The District Elementary Educational Officer Tirunelveli. 2. The Assistant Elementary Educational Officer Alangulam, Tirunelveli District. 3. The Secretary, Jothi Primary School, Lakshmipuram, Alankulam Taluk, Tirunelveli District. Mvs W.P.(MD).No.9286 of 2011 22.08.2011 TR : 15.09.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/