The Government Of Tamil Nadu v. The Correspondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P. No. 4369 of 2022 1.The Government of Tamil Nadu Rep. by its Secretary Department of School Education Fort St. George, Chennai-600009.
2.The Director of Elementary Education College Road, Chennai-600006.
3.The District Educational Officer The District Educational Office Kancheepuram - 631501.
4.The Block Educational Officer The Block Educational Office Uthiramerur - 603406 Kancheepuram District.
... Appellants Vs.
The Correspondent, St. Mary's Primary School 104, Mambakkam, Kancheepuram District-603106. ... Respondent Page No.: 1 of 4
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 02.11.2021 passed in W.P.No.20517 of 2021. For Appellants : Mr.U.M.Ravichandran, SGP For Respondent : Ms.H.Mary Sowmi Rexi for M/s.Isaac Chamber
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) This appeal challenges the order in W.P. No. 20517 of 2021 dated 02.11.2021 in and by which the writ Court allowed the writ petition filed by the Management challenging the order refusing approval for appointment of one D.Divya as a Secondary Grade Teacher. The rejection was based on the fact that there were surplus Teachers in other schools in the District and without redeploying them, the Management cannot appoint fresh Teacher. This issue has been considered by this Court in W.A. No. 2319 of 2022 etc., batch. vide a judgment dated 08.07.2024, this Court had held that G.O.Ms. No. 165, School Education Department dated 17.09.2019, which prohibits appointments in cases Page No.: 2 of 4
where there are surplus Teachers is prospective and appointments made prior to 17.09.2019 cannot be invalidated or approval for such appointments cannot be refused on the ground that there are surplus Teachers. The question of passing the Teachers Eligibility Test, though not made a ground for rejection, will also not arise for the institution is a minority institution as Teachers Eligibility Test qualification is not required for persons, who are appointed as Teachers in the minority institution. Hence, the writ appeal fails and it accordingly dismissed. The appellants will grant approval to the appointment of Tmt.D.Divya within a period of twelve(12) weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No costs. (R.S.M.,J.) (G.A.M.,J.) 02.04.2025 Index : Yes/No : Yes/No Speaking order / Non-Speaking order Maya Page No.: 3 of 4
R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
Maya To 1.The Secretary to Government of Tamil Nadu Department of School Education Fort St. George, Chennai-600009.
2.The Director of Elementary Education College Road, Chennai-600006.
3.The District Educational Officer The District Educational Office Kancheepuram - 631501.
4.The Block Educational Officer The Block Educational Office Uthiramerur - 603406 Kancheepuram District.
Dated : 02.04.2025 Page No.: 4 of 4