While doing so, the court also set aside the District Educational Officer's order and directed it to appoint one Pratibha as Headmistress of Arumanai higher secondary school in Kanyakumari district.
"Litigants must know that the court is a temple of justice and justice is beyond temple," Justice S Vaidyanathan said while imposing the cost on them.
The court directed S Kishore Chand, retired HM of the school to pay the amount to Balar Illam, a children's home and his successor Dr S Prathiba, to the Munavvarah Girls Orphanage Home, both in Madurai.
Kishore Chand who was headmaster attained superannuation on September 30 2012.He was given extension and retired on May 31, 2013.Prathiba was appointed his successor on Oct 1, 2012. But the DEO did not approve her appointment on the ground she lacked the required 10 years teaching experience.
Pratiba, who was already working as senior lecturer in a private higher education institution for one and a half years, requested the DEO to take into account her service there in calculating experience. But the DEO denied it on Jul 10, 2014.
Kishore filed case to remove her from the post of headmistress (HM) and to appoint a qualified person as HM.
Justice Vaidyanathan dismissed Kishore's petition on the ground of locus standi.
The judge said the period of service rendered in higher posts should have to be considered to compute the period of 10 years teaching experience. The teacher or lecturer serving in this post would have a better perspective to teach students in the lower class, he said and set aside the DEOs order and directed him to approve Prathiba's appointment.
At the same time, the judge was unhappy over both petitioners for filing false documents before the court for which he imposed a cost of Rs.50,000 each on them.
"She must be aware that education is different from qualification. By merely looking at papers and rules,the court granted relief to her, but my conscience and insight do not permit me to arrive at such a conclusion. It is quite true that she is a qualified person, but not an educated person in view of the false affidavit," the judge said.
Citing a verse from the Bible,, the judge also said every kind of sin and slander could be forgiven, but not blasphemy against the spirit.
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