P. THURAI PANDIAN v. K. SUBRAMANIAN AND OTHERS

Citation: [2009] 12 S.C.R. 372

Court: Supreme Court of India

Bench: S.B. SINHA, CYRIAC JOSEPH

Case summary

P. THURAI PANDIAN v. K. SUBRAMANIAN AND OTHERS.pdf

Judgment text

[2009] 12 S. O. R. 372 P. THURAI PANDIAN • v. K. SUBRAMANIAN AND OTHERS (Civil App~~I No. 5097 of 2009) AUGUST 4, 2009 [S. 13. SINHA AND CYRIAC JOSEPH, JJ. ] TAMIL NAOU RECOGNIZED PRIVATE SCHOOLS RULES, 1974: r. 15(4) - Appointment to post of Head Master of Secondary School - School selecting the candidate by secret ballot - HELD. · Secret ballot would not be a fair procedure for selecting a candidate to the post of Head Master- Candidate should not only possess educational qualifications but also seniority and administrative ability besides other qualities - ' While filling up the post by promotion, respective merits of qualified teachers of the School had to be considered - There is no infirmity in the order of High Court directing School Committee to consider cases of all eligi/Jle candidates for appointment to the post 9f Head MCJster - TCJmil Nadu Recognition of Private Schools (Regulation) Act, 1973. . _ The appellant ~nd respondent no.

1 were teachers in the same Higher Secondary School. Consequent upon the post of Head Master of thfl School becoming vacant, the appellant and respondent no. 1 being the only contenders for the post, the School adopted a policy of choosing the candidate by secret ballot. Respondent no. 1 having secured more votes than the appellant, the School Committee appointee! him as Head Master. The l • appellant preferre(i an appeal, which was allowed by the ~ Joint Director of School Education. Respondent no. 1 challenged the order of the Joint Director in a writ petition before the High Court, which c! lrected the School Committee to consider the cases of all eligible candidates. The intra court appeal of the appellant havin{J been dismissed, he filect the ) 21. We, therefore, are of the opinion that there is no legal infirmity in the impugned judgment. The appeal is dismissed accordingly. No costs. R. P. Appeal dismissed.