Azad Middle School v. The Director Of Elementary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.5151 of 2024 and WMP.No.5662 of 2024 Azad Middle School Mettupalayam, 606 207, Chinnasalem Taluk, Kallakurichi District, Rep. By its Manager, M.Ismail Babu ... Petitioner Vs.

1.The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006 2.The District Educational Officer(Private Schools), Kallakurichi Education District, Kallakurichi 3.The Block Educational Officer, Chinnasalem Block, Kallakurichi District ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records relating the impugned proceedings issued by the third respondent in Na.Ka.No.3237/A2/2023 dated 05.02.2024 and to quash the same and consequently directing the respondents to pass orders for granting approval of appointment of Thiru.A.Selthilraj made in the sanctioned 1/6

post of Secondary Grade Teacher in the petitioner school with effect from 25.09.2023 including the arrears of salary, within a time frame to be fixed by this Court.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the third respondent dated 05.02.2024 thereby rejected the request made by the petitioner school seeking approval of appointment of one, A.Senthilraj in the post of Secondary Grade Teacher with effect from 25.09.2023.

2.

The petitioner school is a religious minority institution receiving Grants in Aid from the Government of Tamilnadu. It has been sanctioned with teaching post by the Educational Department with assessment of salary grant. While being so, a vacancy arose to the post of Secondary Grade Teacher due to retirement of an incumbent one, 2/6

V.Ganesan on 31.05.2023. In the said vacancy, one, A.Senthilraj was appointed as Secondary Grade Teacher vide appointment order dated 25.09.2023 and he had joined in the said post on the same day. Thereafter, the petitioner school had submitted proposal to the second respondent through the third respondent seeking approval of his appointment with effect from the date of his appointment i.e. 25.09.2023 along with all requisite documents. However, it was not considered and it was pending. Therefore, the petitioner approached this Court in WP.No.30708 of 2023 and this Court by order dated 30.10.2023 directed the respondents to dispose of the proposal forwarded by the petitioner. 3.

Now the second respondent rejected the proposal sent by the petitioner for approval of the appointment of the said A.Senthilraj in the post of Secondary Grade Teacher by quoting the interim order passed by the Hon'ble Division Bench of this Court in writ appeal in WA.(MD)No.76 of 2019, etc. batch dated 09.04.2019. Accordingly, no teaching post can be filled up in accordance with GO.Ms.No.165 School Education Department dated 17.09.2019.

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4.

However, in the final order passed by the Hon'ble Division Bench of this Court in the above batch of writ appeals i.e. WA.(MD) No.76 of 2019 etc. dated 31.03.2021 declared that the said Government order in GO.Ms.No.165 School Education Department dated 17.09.2019 to be inoperative and unenforceable. That apart, the said Senthilraj was appointed as Secondary Grade Assistant in the sanctioned post of the petitioner school in a vacancy arose due to retirement of the said V.Ganesan as on 31.05.2023.

5.

The learned Special Government Pleader appearing for the respondents submitted that as against the order passed by the Hon'ble Division Bench of this Court already appeal has been filed before the Hon'ble Supreme Court of India and it is pending. 6.

In view of the above submission, the impugned proceedings cannot be sustained and the same is liable to be quashed. Accordingly, the impugned proceedings dated 05.02.2024 is quashed and this writ 4/6

petition is allowed. The petitioner is directed to submit a fresh proposal for approval of appointment of the said Senthilraj in the post of Secondary Grade Teacher in the petitioner School with effect from 25.09.2023. On receipt of the same, the second respondent is directed to approve the appointment of the said Senthilraj in the post of Secondary Grade Teacher in the petitioner School with effect from 25.09.2023, if it is otherwise in order, within a period of four weeks from the date of receipt of the said proposal. It is made clear that if any Special Leave Petition is pending before the Hon'ble Supreme Court of India in this regard, such approval is subject to the result of the Special Leave Petition before the Hon'ble Supreme Court of India. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 29.02.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006 2.The District Educational Officer(Private Schools), Kallakurichi Education District, Kallakurichi 3.The Block Educational Officer, Chinnasalem Block, Kallakurichi District 29.02.2024 6/6