Thursday, Oct 16, 2003
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By Our Staff Reporter
Allowing a batch of writ petitions by private schools receiving aid from the Government and those who have teaching posts sanctioned by courts under various Rules and Orders, Justice A.K. Rajan said a circular issued by an authority could not override a Government Order. "It appears these principles or legal maxim were ignored by the authorities when the impugned circulars were issued," he said.
The circulars, dated May 26 and 28, were issued by the Director of School Education directing all District Educational Officers that there was a proposal to downgrade some of the posts in elementary, middle and high schools, and in teacher training institutes. Therefore, with effect from June 1, no vacancies shall be filled up until further orders, they stipulated.
Because of the circulars, all minority and non-minority schools could not fill up any of the vacancies despite GOs sanctioning those posts. In their petition, they contended that the circulars were contrary to the rules framed under the relevant Act. Rules specifically provided for the appointment of teachers as soon as vacancies arose, they stated. Despite repeated adjournments, no counter-affidavit was filed by the respondent-officials.
Mr. Justice Rajan said the circulars, which imposed a ban on appointment to fill up the posts sanctioned by the Government Order, are against the GO and hence not legally sustainable.
In some cases, by virtue of interim court orders, the managements had made appointments. "These appointments will have to be considered as valid, notwithstanding the impugned circulars," the judge said. As for the appointments made before the circulars were issued, he said "it is for the authorities to consider them and pass orders within four weeks."
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