The Government Of Tamil Nadu, v. Mrs. B.Sophia Lavinia,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.8.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1784 of 2018 and C.M.P.No.14462 of 2018 1 The Government of Tamil Nadu Rep. by its Addl. Chief Secretary Department of School Education (C2) Fort St. George Chennai-600 009.
2 The Director of School Education DPI Campus College Road Chennai-600 006.
3 The Chief Educational Officer The Office of the Chief Educational Officer Panagal Building Saidapet Chennai-600 015.
4 District Educational Officer The Office of the District Educational Officer Chennai Central Government Model Higher Secondary School Campus Saidapet Chennai-600 015.
... Appellants/ Respondents 1 to 4
Versus
1 Mrs. B.Sophia Lavinia ...1st Respondents/Writ Petitioner 2 The Correspondent CSI St. Ebba Girls Higher Secondary School No.109 Dr.Radhakrishnan Road Mylapore Chennai-600 004.
...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.2 of 2015 in W.P.No.20721 of 2015 on the file of this court. Prayer in W.P.No.20721 of 2015:
Petition filed Under Article 226 of Constitution of India it is humbly prayed that this Hon'ble Court may be pleased to issue a Writ of Certiorarified Mandamus or any other appropriate 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 22.08.2013 in A.Thi.Mu. No.4039/AA2/12 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. B.Sophia Lavinia appointed as B.T. Asst. (Maths) in CSI St. Ebba Girls Higher Secondary School, 196 , Peters Road, Royapettah, Chennai-14 w.e.f. 13.06.2012 with all service benefits.
For appellants : Mr.C.Munusamy, Special Government Pleader For R1 : Dr.Fr.A.Xavier Arulraj
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Government Advocate appearing for the parties.
2. As against the interim order passed by the learned Single Judge directing the appellants to give temporary approval to the appointment of the writ petitioner in the post of B.T. Assistant and to pay salary till the disposal of the writ petition, the appeal is filed by the State on the ground that TET examination has not been passed by the candidate.
3. In similar circumstances, a Division Bench of this court, in SECRETARY TO GOVERNMENT v. S.JEYALAKSHMI ((2016) 7 MLJ 155),
held that RTE Act, based on which TET qualification is considered as prescribed one for granting approval of the appointment, is not binding on the minority institutions. Moreover, the order under challenge in the present writ appeal being an interim one, the main writ petition itself had been disposed of subsequently. In that view of the matter, the appeal does not survive for consideration. Accordingly, it is dismissed as having become infructuous. No costs. The connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssk.
To:
1 The Addl. Chief Secretary Government of Tamil Nadu Department of School Education (C2) Fort St. George Chennai-600 009.
2 The Director of School Education DPI Campus College Road Chennai-600 006.
3 The Chief Educational Officer The Office of the Chief Educational Officer Panagal Building Saidapet Chennai-600 015.
4 District Educational Officer The Office of the District Educational Officer Chennai Central Government Model Higher Secondary School Campus Saidapet Chennai-600 015.
+1cc to M/S.Father Xavier Associates, Advocate Sr.57830 +1cc to the Government Pleader Sr.58344 W.A.No.1784 of 2018 sj[co] srg 8/10/2018