Saturday, February 5, 2011

Minority schools cannot appoint unqualified teachers: High Court

The right of a minority school management to appoint people of its own choice as teaching and non-teaching staff does mean that it can appoint candidates who do not possess even the minimum qualification, the Madras High Court Bench here has said.

Justice K. Chandru made the observation while dismissing a writ petition filed by a school correspondent from Kanyakumari district seeking exemption from the government rule that only people with five years' teaching experience could be appointed as headmasters.
Refusing permission to the present headmaster Rev. Fr. Varghese Thomas to continue in the post, the judge said: “It is not as if there is dearth of talent in this country and that the petitioner (correspondent) cannot find any other person, of his choice, who is also fully qualified to hold the post.”
The school correspondent had approached the court after the Joint Director of School Education on May 18, 2010 rejected a plea made by the school to permit Rev. Fr. Thomas with a teaching experience of only two years, 11 months and 12 days to hold the post of headmaster.
On perusal of the records, the judge found that the correspondent had appointed Rev. Fr. Thomas as the headmaster on probationary basis and on a consolidated pay with effect from June 2, 2004 for a period of five years and, thereafter, as headmaster on regular pay scale.
A representation had also been routed to the Joint Director of School Education through the District Educational Officer seeking exemption from the rule insisting on five years of experience. The official refused to grant exemption by exercising his powers under Section 20 (3) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.

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