IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :22.04.2010 Coram The Honourable Mr.Justice M.JEYAPAUL W.P.No.12898 of 2001 S.Ramakrishnan ... Petitioner Vs. 1.Thavasimuthu Nadar Higher Secondary School, Porayar, Represented by its Secretary 2.District Educational Officer, Mayiladuthurai. 3.Joint Director of School Education, (Higher Secondary), College Road, Chennai – 600 006. 4.R.Varadarajan, Teacher Thavasimuthu Nadar Higher Secondary School, Porayar. ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, to call for the records of third respondent in Mu.Mu.No.2311/W8/99 dated 22.05.2001 and quash the same. For Petitioner : Mr.Muthukumar For R – 1 : No appearance For RR 2 -3 : Ms.Dhakshayani Reddy, GA For R – 4 : Mr.P.Anbarasan O R D E R The petitioner was appointed as B.T.Assistant in the Year 1967 in the first respondent School. After the first respondent School was upgraded as a Higher Secondary School, the petitioner was inducted to teach Higher Secondary classes from 05.07.1978. The petitioner had put in 34 years of service. He also qualified himself with M.A. Degree in the year 1979. He also cleared M.Ed. Examination in the year 1980. He was posted as a fully qualified Higher Secondary Teacher from 29.10.1985. 2. A vacancy for the post of Headmaster in the first respondent School arose on 01.06.1998. The first respondent promoted the petitioner to the post of Headmaster by an order dated https://hcservices.ecourts.gov.in/hcservices/ 29.05.1998 and a resolution to that effect was passed by the School Committee on 27.06.1998. 3. The fourth respondent, who was serving as an Assistant Headmaster preferred an appeal before the third respondent challenging the order of promotion granted to the petitioner. The third respondent allowed the appeal preferred by the fourth respondent holding that the case of the fourth respondent, who was a competent teacher for the position of Headmaster by virtue of his seniority as Post Graduate Teacher was not considered at the time when the promotion was given by the first respondent. Further, the third respondent made a comment that the School Committee chose to pass a resolution for promoting the petitioner as Headmaster of the first respondent School only for a period from 01.06.1998 to 31.05.1999 on a temporary basis, which exercise was irregular in nature. Having thus observed, the appeal preferred by the fourth respondent was allowed by the third respondent. The petitioner aggrieved by the aforesaid order passed by the third respondent preferred the present writ petition. 4. Heard the submissions made on either side. 5. The Honourable Supreme Court in Tamil Nadu P.G. Teachers Association Vs. State of Tamil Nadu and others reported in AIR 2002 Supreme Court 72 has held that the prescription of a ratio in the Rules framed by the Government of Tamil Nadu invoking the proviso to Article 309 of The Constitution of India, for promotion to the post of Headmasters of Higher Secondary Schools in the ratio of 2:5:2 for Headmasters of the Higher Secondary Schools, Post Graduate Teachers of the Higher Secondary Schools and inducted teachers respectively does not amount to infraction of any Constitutional provisions. 6. In this case, it is brought to the notice of this Court that the post of Headmaster in the first respondent School was successively occupied by two Post Graduate Teachers in the first respondent School. The subsequent resolution passed by the first respondent school refers specifically to the aforesaid ratio to be maintained as per the prescription found in the Rules framed by the Government of Tamil Nadu under the proviso to Article 309 of The Constitution of India, but unfortunately the said resolution passed subsequent to the original resolution by the School Committee of the first respondent was not brought to the notice of the third respondent, while passing the impugned order in favour of the fourth respondent. 7. The School Committee also considered the fact that the inducted teachers were in a dying cadre, as there would be no more inducted teachers in the future. 8. It is a matter of fact that the petitioner had also qualified himself in Post Graduation and he had also undergone training conducted by Scientific State Counsel for Education and Research Training for a period of ten months. https://hcservices.ecourts.gov.in/hcservices/ 9. The only error that has been committed by the first respondent is that they failed to consider the candidature of the fourth respondent also, while giving promotion to the petitioner. Quite probably the first respondent would have been under the impression that they were filling up the ratio prescribed for the inducted teachers. At any rate, it is found that the petitioner as well as the fourth respondent had already retired from service. 10. The learned counsel appearing for the fourth respondent would submit that the fourth respondent has no idea to challenge at this distance of time the promotion given to the petitioner, who had also served as Headmaster till his retirement as per the interim orders passed by this Court. 11. In view of the above facts and circumstances, the order impugned is set aside and the order of promotion granted by the first respondent is sustained and consequently the second respondent/District Educational Officer, Mayiladuthurai is directed to approve the promotion of the petitioner as Headmaster of the first respondent school with effect from 01.06.1998. As a corollary the petitioner is entitled to all the benefits as Headmaster right from 01.06.1998. 12. With the above direction, the writ petition is allowed. There is no order as to costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ps To 1.The Secretary, Thavasimuthu Nadar Higher Secondary School, Porayar. 2.District Educational Officer, Mayiladuthurai. 3.Joint Director of School Education, (Higher Secondary), College Road, Chennai – 600 006. https://hcservices.ecourts.gov.in/hcservices/ 4.R.Varadarajan, Teacher Thavasimuthu Nadar Higher Secondary School, Porayar. 1 cc to Mr.R.Muthukkannu, Advocate, Sr.No.26786 1 cc to Government Pleader, Sr.No.27214 W.P.No.12898 of 2001 RK {CO} TP/6.5.2010. https://hcservices.ecourts.gov.in/hcservices/