TMI Blog2007 (5) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... above, - (a) Appointment of other persons employed in that school, provided they are fully qualified to hold the post of teachers. (b) Appointment of teachers from any other school. (c) Direct recruitment. In the case of appointment from any other school or by direct recruitment, the School Committee shall obtain the prior permission of the District Educational Officer in respect of Pre-primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools, Teachers' Training Institutions setting out the reasons for such appointment. In respect of corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of the rule. (d) Appointment to the post of Headmaster of Higher Secondary School shall be made by the method specified in Clause (ii) either from the category of Headmasters of High Schools or Teachers' Training Institutes or from the category of Post-Graduate Assistants in academic subjects or Post-Graduate Assistants in Languages provided they possess the prescribed qualifications. 3. Rule 15(4) of the Rules provides that promotion shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order, the appellant filed a writ petition marked as WP No. 19445 of 2000. The learned Single Judge allowed the said writ petition holding that except under extraordinary circumstances the authorities under the Act should be slow in interfering with the selection made by the school management to the post of headmaster the same being very vital for the day-to-day management of the school. 9. The learned Judge was of the view that the second respondent had omitted to deal with the overwhelming materials which were considered by the school committee while selecting the appellant for the post of headmaster. 10. The Court further held that the opinion of the Managing Committee should not ordinarily be set aside by the authority stating: 10. When the case on hand is considered in the light of the above stated principles laid down by the Supreme Court, there can be no two opinion that except under extraordinary circumstances where it is demonstrated to the satisfaction of the authorities concerned that the selection was made giving a complete go by to the normal method in the assessment of merit and ability of the different claimants, the authorities should be very slow in inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommittee, it was constrained to interfere in the second round of the battle, on account of the order of remand passed by this court. (iii) Having invited such an assumption on merits through directions of this Court, it is not open to the first respondent to question the jurisdiction of the second respondent to go into the merits of the case. (iv) Parties hereto having submitted themselves to the jurisdiction of the appellate authority to assess their relative merits, the appellant is estopped from contending that the decision of the school committee cannot be lightly interfered with. (v) After having submitted themselves to an assessment by the second respondent, it is also not open to the parties to assail the final decision taken by the second respondent, on merits. (vi) The learned Judge was also carried away by the fact that the appellant functioned as the Correspondent of another middle school only at the relevant point of time in 1992. This fact has also been taken into account by the second respondent, in his order dated 2.11.2000. Therefore the second respondent has actually taken into account all relevant factors in coming to the conclusion in his order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icipated in many researchers organized by Indian Science Congress Association and similar organizations. He had undergone Inservice-Training, Scout Training and Computer Training. He wrote many books. He has also served as Assistant Commissioner of Bharath Scouts and Guides. After registration as a Ph.D Scholar he submitted the synopsis. He acted in dramas. Based on special merit and ability each one excels in his specific field. The Tamil teacher Thiru R. Venkataraman has a special ability in his field. He has speaking and writing skills. Similarly Thiru Sethuraman has done researches on science related projects and excels in that field by obtaining many credits. Both of them had undergone computer training. As science teacher, Thiru Sethuraman has developed a Computer Software on How to teach Chemistry through Computer . Thiru Venkataraman, similarly conducted Literary Association meetings and literary improvement meetings. This literary service and teaching chemistry through computer are special features in class-rooms. Just like Thiru Sethuraman possessing many titles and appreciations in the field of science Thiru Venkataraman possesses titles and appreciations in the fiel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther factors have been placed for the purpose of showing that apart from the fact that the appellant was more qualified, the respondent No. 1 having regard to his past services should not have been considered suitable for appointment to the said post. 17. While exercising the appellate jurisdiction, the appellate authority has indisputably a plenary power. It may not only consider the respective educational qualifications and other activities of the respective candidates for the purpose of arriving at a decision as to which of the two candidates had better merit and ability, but it should exercise its jurisdiction keeping in view the views of the Managing Committee. If two views are possible, ordinarily, the view of the Managing Committee should be allowed to prevail. 18. It is unfortunate that the High Court failed to apply the correct principles of law in this case. Each one of its reasons, in our considered opinion, is wholly untenable. It suffers from misdirection in law. 19. As noticed hereinbefore, the matter was remitted to the Joint Director of School Education by the High Court with the consent of the parties but the High Court in its Order categorically directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t will bear repetition to state, was passed on consent of the parties is not in dispute but only because the appellant consented to re-examination of the matter by the appellate authority, which it was otherwise entitled to, the same by itself could not have been found to be a ground for his becoming ineligible to challenge the final order passed by the appellate authority when a large number of jurisdictional errors were committed by it and were otherwise apparent on the face of the records. The Division Bench of the High Court in our opinion, therefore, was not correct in taking the aforementioned view. 23. We may notice that the appellate authority while judging the merit and ability of the first respondent, took into consideration the following: 1. Though a Tamil Teacher, had undergone computer training. 2. Obtained certificate in Health and Hygiene from Poona. 3. Obtained many certificates in the subject of Tamil in which he teaches. 4. Served as Editor for the monthly magazine Thondu by the Gandhi Peace Foundation, Chidambaram. 5. Participated as a spectator in the fifth World Tamil Conference held in 1981. 6. Conducted Literary Association meetings. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while exercising its power of judicial review should also apply its mind as to whether sufficient material had been brought on record to sustain the findings. The conscience of the court may not have much role to play. It is unfortunate that the learned Single Judge did not at all deliberate on the contentions raised by the appellant. Discussion on the materials available on record for the purpose of applying the legal principles was imperative. The Division Bench of the High Court also committed the same error. 26. In Indian Airlines Ltd. v. Prabha D. Kanan (2007) II LLJ 113SC , this Court held: 46. A judicial review of such an order would be maintainable. In a case of judicial review, where no appeal is provided for, the High Court in exercise of its jurisdiction under Article 226 of the Constitution of India would not confine its jurisdiction only to the known tests laid down therefor, viz., illegality, irrationality, procedural impropriety. It has to delve deeper into the matter. It would require a deeper scrutiny. 47. We may notice that keeping in view the situational changes and, particularly, outsourcing of the sovereign activities by the State, this Court has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry which is preponderance of probability and applied the standard of proof required for a criminal trial. A case for judicial review was, thus, clearly made out. 35. Errors of fact can also be a subject matter of judicial review. (See E. v. Secy. of State for the Home Deptt.) Reference in this connection may also be made to an interesting article by Paul P. Craig, Q.C. titled Judicial Review, Appeal and Factor Error published in 2004 Public Law, p. 788. 49. Yet again in State of U.P. v. Sheo Shanker Lal Srivastava (2006)IILLJ219SC , this Court observed: 24. While saying so, we are no oblivious of the fact that the doctrine of unreasonableness is giving way to the doctrine of proportionality. 25. It is interesting to note that the Wednesbury principles may not now be held to be applicable in view of the development in constitutional law in this behalf. See, for example, Huang v. Secy. of State for the Home Deptt. wherein referring to R. v. Secy. of State of the Home Deptt., ex p. Daly it was held that in certain cases, the adjudicator may require to conduct a judicial exercise which is not merely more intrusive than Wednesbury, but involves a full-blown merit judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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