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No illegality in denying headmaster post: HC

Mohamed Imranullah S.

To an individual with experience in CBSE schools

MADURAI: The Madras High Court Bench here has held that there is no illegality in an order passed by the Director of School Education refusing to approve the appointment of an individual as the headmaster of a government aided higher secondary school on the ground that 10 out of his 15 years of teaching experience was in schools following Central Board of School Education (CBSE) or Council for the Indian School Certificate Examinations (CISCE) syllabus.

Disposing of a writ petition filed by N. Gunasegar, Justice B. Rajendran said that the Director had rightly rejected the petitioner's plea to approve his appointment as the Headmaster of an aided school at Thiruvattar in Kanyakumari district as there was no provision in the Tamil Nadu Private Schools (Regulation) Rules, 1974 to consider the experience gained in CBSE schools while appointing headmasters for aided schools.

As per the Rules, a candidate aspiring for the post of headmaster must possess a Master's degree in any one of the prescribed subjects apart from a Bachelor of Education (B.Ed.) degree and must have served, for not less than 10 years, as a B.T. School Assistant or Pandit in a secondary school or training school or higher secondary school recognized by the Director of School Education.

In the present case, the petitioner possessed a Master of Science degree in zoology, a Master of Education from Madurai Kamaraj University and a Ph.D. in Entomology from Madras University.

Private service

He had also served as a teacher in various recognised schools for more than 15 years. But “unfortunately,” he had served for over a decade in private schools following CBSE and CISCE syllabus and that period could not be countenanced for determining his experience, the judge said.

On the petitioner's contention that the Government had passed an order on March 22, 2005 stating that the experience put in CBSE schools could also be taken into account, the judge pointed out that the G.O. could not be put into operation as it had been stayed by the High Court following a writ petition filed by the Tamil Nadu Post Graduate Teachers Association.

Mr. Justice Rajendran also said that another similar G.O. passed on August 24, 1981 relating to appointment of headmasters in aided high schools would also not be of any help to the petitioner who was seeking approval of his appointment in a higher secondary school.

However, he said that the petitioner could continue to serve as the headmaster of the Kanyakumari school until the disposal of an appeal filed by him as early as 2008 before the Education Secretary challenging the order passed by Director of School Education on January 1, 2008.

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