Madras High CourtWA/1668/2018disposed of

The Government Of Tamil Nadu v. Mrs.M.Ananda Mary

2018-08-03Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1668 of 2018 and C.M.P.No.13413 of 2018 1 THE GOVERNMENT OF TAMIL NADU REP BY THE ADDL.CHIEF SECRETARY DEPARTMENT OF SCHOOL EDUCATION (C2) FORT ST. GEORGE MADRAS-600009 2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-600006 3 THE CHIEF EDUCATIONAL OFFICER THE OFFICE OF THE CHIEF EDUCATIONAL OFFICER PANAGAL BUILDING SAIDAPET CHENNAI-600015 4 THE DISTRICT EDUCATIONAL OFFICER THE OFFICE OF THE DISTRICT EDUCATIONAL OFFICER CHENNAI CENTRAL GOVT. MODEL HIGHER SEC. SCHOOL CAMPUS SAIDAPET CHENNAI-15 Appellants/Respondents Vs 1 M.ANANDA MARY ..Respondent/Writ Petitioner 2 THE CORRESPONDENT SANTHOME HIGHER SECONDARY SCHOOL NO.143 SANTHOME HIGH ROAD CHENNAI-600004 ..2nd Respondent/5th Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 10.7.2015 passed in M.P.No.3 of 2015 in W.P.No.20722 of 2015 on the file of this court.

Prayer in M.P.No.3 of 2015 in W.P.No.20722 of 2015:Writ Petition praying to direct the respondents to pay salary to the petitioner working as B.T.Assistant (Social Sciences) in Santhome Higher Secondary School, 143, Santhome High Road, Chennai 4 w.e.f no. 6.6.2012 by granting temporary approval(in M.P.No.3 of 2015 in W.P.No.20722/2015)pending disposal of the above Writ Petition.

W.P.No.20722 of 2015:Writ Petition praying to issue a Writ of Certiorarified Mandamus or any other approriate writ or order or direction in the nature of a Writ Calling for the records pertaining to the impugned G.O.(Ms).No.181 School Education (C2) Department dated 15.11.2011 on the file of the 1st respondent and the consequential proceedings dated 24.12.2012 in Mu.Mu. No.2706/AA1/2012 on the file of the 4th respondent and quash the same in respect of the petitioner directing the respondents to approve the appointment of the petitioner Mrs. M.Ananda Mary as B.T. Asst. (Social Science) in Santhome Higher Secondary School 143 Santhome High Road Chennai-4 w.e.f. 06.06.2012 with all service benefits and pass such further or other orders as it may deem fit and proper in the circumstances of the case and thus render justice.

For appellant : Mr.C.Munusamy, Special Government Pleader For R1 : Dr.Fr.Xavier Arulraj, Senior Counsel for Ms.Arul Mary

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellants and Dr.Fr.Xavier Arulraj, learned Senior Counsel on behalf of the first respondent herein.

2. The writ appeal is filed by the State challenging the interim order passed by the learned Single Judge in directing the appellants to pay salary prospectively to the first respondent, who is working as B.T .Assistant (Social Science) in the second respondent School with effect from 6.6.2012 by granting temporary approval pending disposal of the writ petition.

3. The issue revolves around the approval of appointment of Teachers who did not qualify themselves with Teacher Eligibility Test. The issue has already been settled by the decision of a Division Bench of this court in W.A.No.213 and 572 of 2016 by holding that the Government cannot insist upon the minority institution, both aided or unaided, to abide by any Regulation

framed under the provisions of the RTE Act. It is also brought to the notice of this court, the main writ petition also ended already in favour of the first respondent herein and approval has also been granted by the Government for the appointment of the first respondent herein.

4. In view of the above, we are of the view that nothing survives for consideration in the writ appeal, and accordingly, the same is disposed of. No costs. The connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar ssk.

To:

1 THE ADDL.CHIEF SECRETARY DEPARTMENT OF SCHOOL EDUCATION (C2) FORT ST. GEORGE MADRAS-600009 2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-600006 3 THE CHIEF EDUCATIONAL OFFICER THE OFFICE OF THE CHIEF EDUCATIONAL OFFICER PANAGAL BUILDING SAIDAPET CHENNAI-600015 4 THE DISTRICT EDUCATIONAL OFFICER THE OFFICE OF THE DISTRICT EDUCATIONAL OFFICER CHENNAI CENTRAL GOVT. MODEL HIGHER SEC. SCHOOL CAMPUS SAIDAPET CHENNAI-15 +2 Ccs to Father Dr.Fr.Xavier Arulraj, Advocate sr 53767. W.A.No.1668 of 2018 MR(CO) SP(14/09/2018)