P.Sekaran, v. The Joint Director Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition Nos.21979 of 2014, 24103, 24104, 31767, 32103, 32766 of 2013, 28147, 32862 of 2014, 2607, 7482, 13536, 13595, 13596, 32245, 38436 to 38438 of 2015, 6745, 29311, 29313, 29315 & 29930 to 29933 of 2016 & WP(MD) Nos.12840, 13164 to 13167, 13735 of 2014, 3298 & 5035 of 2015 P.SEKARAN ... PETITIONER in WP No.21979 of 2014 L.JANCEY ASUMPTA ... PETITIONER in WP No.24103 of 2013 S.CHITTRA ... PETITIONER in WP No.24104 of 2013 K.DAISAY CAROLINE MARY ... PETITIONER in WP No.31767 of 2013 DHANABAKIYAM ... PETITIONER in WP No.32103 of 2013 M.SUJATHA .

.. PETITIONER in WP No.32766 of 2013 TAMIL NADU CATHOLIC .. PETITIONER in WP No.28147 of 2014 EDUCATIONAL ASSOCIATION REP. BY ITS SECRETARY CUM TREASURER FR.S.ARULAPPAN DIOCESAN PASTORAL CENTRE 25 ROSARY CHURCH ROAD SANTHOME CHENNAI-4.

MRS.A.SANTHI VICTORIA ... PETITIONER in WP No.32862 of 2014 S.KEZIA JEBAKUMARI ... PETITIONER in WP No.2607 of 2015 MRS.M.CECILI KALAIYARASI ... PETITIONER in WP No.7482 of 2015 MISS.P.CHRISTIGA SELVA SEELI ... PETITIONER in WP No.13536 of 2015 S.ARUL KUMAR ... PETITIONER in WP No.13595 of 2015 M.GIRIJA ... PETITIONER in WP No.13596 of 2015 A.MD.KHASIM ... PETITIONER in WP No.32245 of 2015 MRS.ASIA BEE ... PETITIONER in WP No.38436 of 2015 MRS.B.MALIKA ... PETITIONER in WP No.38437 of 2015

MRS.YASMEEN SULTANA ... PETITIONER in WP No.38438 of 2015 T.ROSELIN BHAKYAVATHI ... PETITIONER in WP No.6745 of 2016 P.MOHAMMED SUHAIB ... PETITIONER in WP No.29311 of 2016 A.BILAL AHMED ...PETITIONER in WP No.29313 of 2016 M.I.MOHAMMED NADEEM ... PETITIONER in WP No.29315 of 2016 Z.HAJIRA BEGUM ... PETITIONER in WP No.29930 of 2016 MRS.K.BALKIS SADIYA ... PETITIONER in WP No.29931 of 2016 K.HAJIRA BANU ... PETITIONER in WP No.29932 of 2016 E.M.JUVERIYA ... PETITIONER in WP No.29933 of 2016 S.Lilly Bai ... PETITIONER IN wp(md) 12840/14 M.Jebakumari Janel ... PETITIONER IN wp(md) 13164/14 L.Selvakani ... PETITIONER IN wp(md) 13165/14 A.Premkumar ... PETITIONER IN wp(md) 13166/14 B.Misba ... PETITIONER IN wp(md) 13167/14 S.Jemilal ... PETITIONER IN wp(md) 13735/14 G.Edward Jebas Victor ... PETITIONER IN wp(md) 3298/15 HR.Mahatham Irfan ... PETITIONER IN wp(md) 5035/15 Vs 1 THE JOINT DIRECTOR OF ELEMENTARY EDUCATION (AIDED) COLLEGE ROAD CHENNAI-6.

2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER PERAMBALUR DISTRICT.

3 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEPPANTHATAI.

4 THE CHAIRMAN TELC EDUCATIONAL BOARD POST BOX 86 TRANQUEBAR HOUSE TIRUCHIRAPPALLI-620001.

... RESPONDENTS in WP No.21979 of 2014 1 THE UNION TERRITORY OF PUDUCHERRY REP. BY ITS SECRERARY DEPARTMENT OF EDUCATION SECRETARIAT PUDUCHERRY-605 001 2 THE DIRECTOR OF SCHOOL EDUCATION GOVERNMENT OF PUDUCHERRY DIRECTORATE OF SCHOOL EDUCATION PUDUCHERRY- 605 005.

3 THE SENIOR ACCOUNTS OFFICER GOVERNMENT OF PUDUCHERRY DIRECTORATE OF SCHOOL EDUCATION PUDUCHERRY-605 005.

4 THE CORRESPONDENT NIRMALA RANEE GIRLS HIGHER SECONDARY SCHOOL 33 NEHRU STREET KARAIKAL-609 602 ... RESPONDENTS in WP No.24103,24104 of 2013 1 THE PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION SECRETARIAT FORT ST. GEORGE CHENNAI-600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION DPI COLLEGE ROAD CHENNAI-8.

3 THE DISTRICT EDUCATIONAL OFFICER UDAIYARPALAYAM.

4 THE CORRESPONDENT ALANGARA ANNAI GIRLS HR.SEC. SCHOOL VARADARAJANPET ARIYALUR DISTRICT.

... RESPONDENTS in WP No.31767 of 2013 1 THE GOVT. OF TAMILNADU REP. BY ITS SECRETARY FORT ST. GEORGE CHENNAI-9 2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI-6 3 THE CHIEF EDUCATIONAL OFFICER KANCHIPURAM KANCHIPURAM DT 4 THE DISTRICT EDUCATIONAL OFFICER CHENGALPATTU CHENGALPATTU DT 5 THE CORRESPONDENT CSI ALISON CASSIE GIRLS HR. SEC. SCHOOL CSI COMPOUND ALAGESAN NAGAR OPP TO GOVT.

HOSPITAL CHENGALPATTU 603 001 ... RESPONDENTS in WP No.32103 of 2013 1 THE STATE OF TAMIL NADU REP. BY SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9.

2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI- 6.

3 THE CHIEF EDUCATIONAL OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM.

4 THE DISTRICT EDUCATIONAL OFFICER CHENGALPATTU-603 011 KANCHEEPURAM DISTRICT.

5 THE CORRESPONDENT ST. MARYS GIRLS HIGHER SECONDARY SCHOOL KANCHEEPURAM HIGH ROAD NATHAM CHENGALPATTU-603 002 KANCHEEPURAM DT ... RESPONDENTS in WP No.32766 of 2013 1 THE GOVERNMENT OF TAMIL NADU REP. BY THE SECRETARY DEPARTMENT OF SCHOOL EDUCATION FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI- 6.

3 THE DIRECTOR OF ELEMENTARY EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI- 6. ... RESPONDENTS in WP No.28147 of 2014 1 THE GOVERNMENT OF TAMILNADU REP. BY THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF SCHOOL EDUCATION FORT ST.

GEORGE MADRAS-600 009 2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI- 6 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THE OFFICE OF THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VILLUPURAM VILLUPURAM DT. 605 602 4 THE ADDITIONAL ASST.

ELEMENTARY EDUCATIONAL OFFICER THE O/O. OF THE ADDITIONAL ASST. ELEMENTARY EDUCATIONAL OFFICER CHINNASALEM VILLUPURAM DISTRICT 606 201 5 THE CORRESPONDENT D.M.MIDDLE SCHOOL CHINNASALEM 606 201 VILLUPURAM DISTRICT ... RESPONDENTS in WP No.32862 of 2014

1 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER CUDDALORE AND DISTRICT 3 THE CORRESPONDENT CSI ST. DAVIDS PRIMARY SCHOOL CUDDALORE PORT 607 003 CUDDALORE DISTRICT ... RESPONDENTS in WP No.2607 of 2015 1 THE CHIEF EDUCATIONAL OFFICER VILLUPURAM 2 THE DISTRICT EDUCATIONAL OFFICER KALLAKURICHI VILLUPURAM DISTRICT 3 THE CORRESPONDENT ST.JOSEPHS HIGH SCHOOL ULLANGANKATHAN KALLAKURUCHI VILLUPURAM DISTRICT ... RESPONDENTS in WP No.7482 of 2015 1 THE STATE OF TAMILNADU REP.BY ITS SECRETARY EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI-600009 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI-600006 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUVANNAMALAI 4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER TIRUVANNAMALAI 5 THE CENTRAL MANAGER & CHAIRMAN EDUCATION BOARD D.M. ELEMENTARY HIGHER ELEMENTARY SCHOOLS TIRUANNAMALAI DISTRICT ... RESPONDENTS in WP No.13536 of 2015 1 THE STATE OF TAMILNADU REP.

BY ITS SECRETARY EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 600 006.

3 THE DISTRICT EDUCATIONAL OFFICER VILLUPURAM.

4 THE CENTRAL MANAGER & CHAIRMAN EDUCATION BOARD D.M.ELEMENTARY HIGHER ELEMENTARY SCHOOL PARIKKAL CUDDALORE DISTRICT.

... RESPONDENTS in WP No.13595 of 2015 1 THE STATE OF TAMILNADU REP.

BY ITS SECRETARY EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 600 006.

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THIRUVANNAMALAI.

4 THE CENTRAL MANAGER & CHAIRMAN EDUCATION BOARD D.M.ELEMENTARY AND HIGHER ELEMENTARY SCHOOL D.M. CARMEL BUNGLOW THIRUVANNAMALAI DISTRICT.

... RESPONDENTS in WP No.13596 of 2015 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI- 6.

3 CHIEF EDUCATIONAL OFFICER (AMENDED) COLLECTORATE BUILDING B BLOCK SATHUVACHARI VELLORE - 632 009 4 DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATIONAL OFFICE TIRUPATTUR VELLORE DISTRICT.

5 THE CORRESPONDENT MAZHARUL ULOOM HIGHER SECONDARY SCHOOL (MANAGED BY THE AMBUR MUSLIM EDUCATIONAL SOCIETY) AMBUR VELLORE DISTRICT-635802.

R-3 IS AMENDED AS PER ORDER DATED: 11/08/2016 BY this Court IN WMP NO.19336 OF 2016 IN WP NO.32245/2015.

... RESPONDENTS in WP No.32245 of 2015

1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST. GEORGE CHENNAI-9 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI- 600 006 3 CHIEF EDUCATIONAL OFFICER PANAGAL MALIGAI SAIDAPET CHENNAI-15 4 DISTRICT EDUCATIONAL OFFICER CHENNAI EAST JAYAGOPALKARODIA GOVERNMENT HIGHER SECONDARY SCHOOL CHOOLAI MEDU CHENNAI - 600 094 5 THE CORRESPONDENT HAJEE ESSA ABBA SAITS HIGHER SECONDARY SCHOOL NO.3 ANDERSON STREET CHENNAI - 600001 ... RESPONDENTS in WP No.38436 of 2015 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST.

GEORGE CHENNAI-9 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI - 600 006 3 CHIEF EDUCATIONAL OFFICER PANAGAL MALIGAI SAIDAPET CHENNAI-15 4 DISTRICT EDUCATIONAL OFFICER CHENNAI EAST JAYAGOPALKARODIA GOVERNMENT HIGHER SECONDARY SCHOOL CHOOLAI MEDU CHENNAI - 600 094 5 THE CORRESPONDENT HAJEE ESSA ABBA SAITS HIGHER SECONDARY SCHOOL NO.3 ANDERSON STREET CHENNAI - 600 001 ... RESPONDENTS in WP No.38437 of 2015 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST.

2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI - 600 006 3 CHIEF EDUCATIONAL OFFICER PANAGAL MALIGAI SAIDAPET CHENNAI- 15 4 DISTRICT EDUCATIONAL OFFICER CHENNAI EAST JAYAGOPALKARODIA GOVERNMENT HIGHER SECONDARY SCHOOL CHOOLAI MEDU CHENNAI - 600 094 5 THE CORRESPONDENT HAJEE ESSA ABBA SAITS HIGHER SECONDARY SCHOOL NO.3 ANDERSON STREET CHENNAI - 600 001 ... RESPONDENTS in WP No.38438 of 2015 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST.

GEORGE CHENNAI-600 009 2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD CHENNAI-600 006 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER CUDDALORE DISTRICT CUDDALORE 4 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VRIDDHACHALAM CUDDALORE DISTRICT 5 THE CORRESPONDENT DANISH MISSION MIDDLE SCHOOL KASPA PUDUPET VRIDDHACHALAM CUDDALORE DISTRICT-606 001 ... RESPONDENTS in WP No.6745 of 2016 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST.

3 CHIEF EDUCATIONAL OFFICER VELLORE DISTRICT 4 DISTRICT EDUCATIONAL OFFICER TIRUPATTUR VELLORE DISTRICT 5 THE CORRESPONDENT ISLAMIAH HIGHER SECONDARY SCHOOL PERNAMBUT VELLORE DISTRICT- 635 810 ... RESPONDENT in WP No.29311,29313,29315 of 2016 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST. GEORGE CHENNAI 9 2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI 6 3 THE CHIEF EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 632 004 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 632 004 5 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERNAMBUT VELLORE DISTRICT 635 810 6 THE MANAGER ISLAMIAH AIDED PRIMARY SCHOOL PERNAMBUT VELLORE DISTRICT 635 810 ... RESPONDENTS in WP No.

29930 of 2016 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST.

5 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERNAMBUT VELLORE DISTRICT 635 810 6 THE MANAGER ISLAMIAH AIDED PRIMARY SCHOOL PERNAMBUT VELLORE DISTRICT 635 810 ... RESPONDENTS in WP No.29931 of 2016 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST. GEORGE CHENNAI 9 2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI6 3 THE CHIEF EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 632 004 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 632 004 5 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERNAMBUT VELLORE DISTRICT 635 810 6 THE MANAGER ISLAMIAH AIDED PRIMARY SCHOOL PERNAMBUT VELLORE DISTRICT 635 810 ... RESPONDENTS in WP No.29932 of 2016 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST.

GEORGE CHENNAI 9 2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD DPI CAMPUS CHENNAI 6 3 THE CHIEF EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 632 004 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 632 004 5 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERNAMBUT VELLORE DISTRICT 635 810 6 THE MANAGER ISLAMIAH AIDED PRIMARY SCHOOL PERNAMBUT VELLORE DISTRICT 635 810 ... RESPONDENTS in WP No.

1. The Director of School Education DPI Chennai-6

2. The Chief Educational Officer Kanyakumari District Nagarcoil 3.The District Educational Officer, Kuzhithurai at Marthandam 4.The Correspondent ST.Epriminse MSCHS Surya Code kanyakumari District ...R1 to R4 respondents in WP(MD)12840/16 1.The State of Tamil Nadu rep by its Secretary to Government School Education Department, Secretariat Chennai-9 ...1st Respondent in WP(MD)Nos.13164/14 to 13167/14 WP(MD) 13735/14 2.The Director of Elementary Education O/o.the Director of Elementary Education Officer college Road, Nungambakkam, Chennai ...2nd Respondent in WP(MD) Nos.13164/14 to 13167/14 13735/14 3.The District Elementary Educational Officer Thoothukudi, Thoothukudi District ...3rd Respondent in WP(MD) Nos.13164 to 13167/14 and WP(MD) 3298/15, ...2nd Respondent in WP(MD) 5035/15 4.The Assistant Elementary Educational Officer O/o.

Assistant Elementary Educational Officer Tuticorin, Tuticorin District ...4th Respondent in WP(MD) No.13164/14 5.The Correspondent T.N.D.T.A Primary School Bryant Nagar church 9th Street, Thoothukudi Thoothukudi District ...5th Respondent in WP(MD) No.

6.The Assistant Elementary Educational Officer O/o. Assistant Elementary Educational Officer Sathankulam Range, Tuticorin Thoothukudi District ...4th Respondent in WP(MD)NO.13165/14, and WP(MD) 13167/14 7.The Correspondent T.N.D.T.A Primary and Middle School, Melaseithalai Pastorate, Thoothukudi Thoothukudi District ...5th Respondent in WP(MD) No.13165/14 8.The Correspondent T.N.D.T.A Primary School Dharmangaram Pastorate Dharmanagaram Thoothukudi, Thoothukudi District ...5th Respondent in WP(MD) 13166/14 9.The Correspondent T.N.D.T.A Primary School Kalvilai Pastorate Kalvilai Thoothukudi Thoothukudi District ...5th Respondent in WP(MD)No.13167/14 10.The District Elementary Educational Officer Tirunelveli Tirunelveli District ...3rd Respondent in WP(MD) No.13735/14 11.The Additional Assistant Elementary Educational Officer O/o.

theAdditional Assistant Elementary Educational Officer, Vasuthavanallur Sivagiri Taluk, Tirunelveli district ...4th Respondent in WP(MD) NO.13735/14 12.The Correspondent Quaide Millath Mohammed Ismail Sahib Memorial Primary School, T.N Pudukudi Village Puliangudi, Tirunelveli district ...5th Respondent in WP(MD) 13735/14 13.The State of Tamil Nadu rep by its Principal Secretary Department of School Education Fort St.George Chennai-01 ...1st Respondent in WP(MD) 3298/15 14.The Director of School Education Chennai ...

15.The Assistant Elementary Educational officer Srivaigundam Thoothukudi District ...4th respondent in WP(MD) NO.3298/15 16.The Correspondent T.N.D.T.A. Middle School Kovankadu Thiruvaikundam Taluk ...5th Respondent in WP(MD) 3298/15 18.The Secrecretary Teachers Recruitment Board, E.V.K.Sampath Maligai, D.P.I. Compound College Road, Chennai ...6th Respondent in WP(MD) 3298/15 19.The Manager CSI TNDTA Primary and Middle Schools, Caldwell Higher Secondary School Campus Beach Road, Thoothukudi ...7th Respondent in WP(MD) 3298/15 20.The Director of Elementary Education Chennai-6 ...1st Respondent in WP(MD) No.5035/15 21.The Assistant Elementary Educational Officer Alwarthirugari Tuticorin District ...3rd respondent in WP(MD) 5035/15 22.The Manager Meeramia Middle School Alagiyamanavalapuram Alwarthirunagiri Tuticorin ...4th Respondent in WP(MD) No.5035/15 These Writ Petitions are filed under article 226 of the Constitution of India praying to issuance of a Writ of Certiorarified Mandamus:

i) WP No.21979 of 2014 To call for the records relating to the impugned order (returned proposal) passed by the 2nd respondent in his proceedings Oo.Mu.1296/Aa1/2012 dated 04.10.2013 and the consequentia proceedings in Na.Ka.No. 128/A1/2014 dated 23.05.2014 (the order dated 04.10.2013 has been served along with the order dated 23.05.2014 through the 3rd respondent to the 4th respondent) and quash thesame and consequently directing the respondents to approve thepetitioner appointment from the date of his initial

appointment namely 27.03.2012 and to pay salary and other benefits.

WP No.24103 of 2013 Calling for the records pertainig to the proceedings dated 25.3.2013 in No.23-1/DSE/ GIAS/ U.III/2013-14 on the file of the 2nd respondent and quash the same directing the 2nd respondent to continue to pay the salary to the petitioner Tmt.L.Jancey Asumpta, working as Trained Graduate Teacher (TGT) in Nirmala Ranee Girls Higher Secondary School, 33, Nehru Street, Karaikal609 602, w.e.f. 29.3.2012, as per the approval order dated 15.5.2012, with all monetary and other service benefits. WP No.24104 of 2013 Calling for the records pertainig to the proceedings dated 15.5.2012 in No.14-1/DSE/ GIAS/ U.3/2012-13 on the file of the 3rd respondent and consequential proceedings dated 25.3.2013 in No.23-1/DSE/ GIAS/ U.

III/2013-14 on the file of the 2nd respondent and quash the same directing the 2nd and 3rd respondent to accord approval to the petitioner Mrs.S.Chittra, working as Trained Graduate Teacher (TGT) in Nirmala Ranee Girls Higher Secondary School, 33, Nehru Street, Karaikal-609 602, w.e.f. 15.6.2011, with all monetary and other service benefits. WP No.31767 of 2013 Calling for the records relating to proceedings of the 2nd respondent in Na.Ka.No. 34116/D1/E4/2013 dated 07.11.2013 and the consequential Proceedings of the 3rd respondent in Na.Ka.No.4719/A2/2013 dated 11.11.2013 and quash the same WP No.32103 of 2013 calling for the records pertaining to the proceedings dated 7.11.2013 in Na. Ka. NO.34116/ D1/C4/2013 on the file of the 2nd respondent and the consequential proceedings dated 22.11.2013 in Na. Ka. NO.

4758/A2/2013 on the file of the 4th respondnet, and quash the same, directing the respondents not to cancel the approval of the appointment of the petitioner as B.T.Asst.(Tamil) in the 5th respondent school for want of a pass in the TET until the expiry of the stipulated 5 years as provided under S.23(2) of the Right of Children to Free and Compulsory Education Act, 2009 WP No.32766 of 2013 To call for the records relating to the impugned order issued bythe 2nd Respondent in Na.Ka.No.34116/ D1/E4/2013 dated 07.11.2013 and subsequent proceedings issued by 4th Respondent in Na.Ka.No.4758/ A2/2013 dated 20.11.2013 and to quash the same.

WP No.28147 of 2014 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 quash the same in respect of the member minority schools of the petitioner in the light of the judgment of the Constitution Bench of the Honourable Apex Court in Pramati Case as report in (2014) 4 MLJ 486 (SC). WP No.32862 of 2014 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 6.12.2014 in O.Mu. No.420/AA4/2012 on the file of the 3rd respondent and quash the same in respect of the petitioner, directing the respondents to approve the appointment of the petitioner Mrs.A.Santhi Victoria, as B.T.Asst. (Maths) in D.M.Middle School, Chinnasalem-606 201, Villupuram Dt., w.e.f.8.3.2012 with all service benefits.

WP No.2607 of 2015 directing the respondents 1 and 2 to consider the petitioners case on the basis of the orders passed in the proceedings of the 1st respondent in Na. Ka. No.34116/D1/C4/13 dt 27.11.2013 and approve her appointment as Secondary Grade Teacher in the 3rd respondent School and provide Teaching Grant for her post WP No.7482 of 2015 directing the 1st respondent herein to pay salary to the petitioner from the date of her initial appointment as B.T.Assistant (Tamil) Viz., 2.7.2012 in the 3rd respondent school WP No.13536 of 2015 calling for the records peratining to the impugned order of 4th respondent in Na.Ka. NO.187/A3/2015 dated 31.3.2015 and quash the same consequently direct the respondent to continue the petitioner in service beyond 31.3.

2015 without insisting qualification of TET as a mandatory requirement for appointment and to approve the appointment of the petitioner and to extend all benefits both service and monetary thereto in light of the judgment of the Honourable Supreme Court in reported in (2014 4 MLJ 486) WP No.13595 of 2015 Directing the Respondents to forthwith continue the petitioner in service beyond 31.03.

WP No.13596 of 2015 Directing the Respondents to forthwith continue the petitioner in service beyond 31.03.2015 without insisting qualification of TET as a mandatory requirement for appointment and to approve the appointment of the petitioner and to extend all benefits both service and monetary thereto in light of the judgment of the Honourable Supreme court in reported in [2014 4 MLJ 486] WP No.32245 of 2015 Direction or order against the respondents 1 to 4 directing them to grant approval of the petitioner appointment as Urdu Munshi, in the Minority aided School namely Mazharul Uloom Higher Secondary School, the 5th respondent in view of verdict of Five Judges of Constitution Bench of Honourable Supreme Court of India dated 06.05.2014 in W.P.(C).No.1081 of 2013. WP No.

38436 of 2015 directing the respondents 1 to 4 to grant approval fo the petitioners appointment as B.T.Assistant (Urdu Pandit) in the 5th respondents Minority Aided School in view of Verdict of Five Judges of Constitution Bench of Honourable Supreme Court of India dated 06.05.2014 in W.P. (C) No.1081 of 2013 WP No.38437 of 2015 directing the respondents 1 to 4 to grant approval for the petitioners appointment as B.T.Assistant (Science) I the 5th respondents Minority Aided School in view of Verdict of Five Judges of Constitution Bench of Honourable Supreme Court of India dated 06.05.2014 in W.P. (C) No.1081 of 2013 WP No.38438 of 2015 directing the respondents 1 to 4 to grant approval for the petitioners appointment as B.T.

Assistant (History) in the 5th respondents Minority Aided School in view of Verdict of Five Judges of Constitution Bench of Honourable Supreme Court of India dated 06.05.2014 in W.P. (C) No.1081 of 2013 WP No.6745 of 2016 Calling for the records relating to the impugned order of the 1st Respondent in G.O. Ms No.181, School Education (C2) department, dated 15.11.2011 in so far as it relates to the petitioner is concerned and the consequential order of the 4th respndent made in proceedings in Na.Ka. No. 197/A1/13, dated 16.02.2016 and Quash the same and direct the Respondents to approve the appointment of the petitioner in the 5th Respondent School from the date of her appointment i.e on 04.07.

WP No.29311 of 2016 Calling for the records of the 4th respondent pertaining to the letter to his A. Thi. Moo No.2939/ M2/ 16 dated 01.08.2016 and quash the same and also direct the respondents 1 to 4 to grant approval of the petitioners appointment as B.T. Assistant (History) in the fifth respondents minority aided School in view of Verdict of Five Judges of Constitution Bench of Honourable Supreme Court of India dated 06.05.2014 in W.P. (C). No. 1081 of WP No.29313 of 2016 Calling for the records of the 4th respondent pertaining to his letter A. Thi. Moo No.2875/M2/2016 dated 01.08.2016 and quash the same and also direct the respondents 1 to 4 to grant approval of the petitioners appointment as B.T.

Assistant (History) in the fifth respondents Minority aided School in view of verdict of Five Judges of Constitution Bench of Honourable Court of India dated 06.05.2014 in W.P. (C). No.1081 of 2013 WP No.29315 of 2016 Calling for the records of the 4th respondent pertaining to his letter A. Thi. Moo No.2914/ M2/2015 dated 03.11.2015 and quash the same and also direct the respondents 1 to 4 to grant approval of the petitioners appointment as B.T. Assistant (History) in the fifth respondents Minority aided School in view of verdict of Five Judges of Constitution Bench of Honourable Supreme Court of India dated 06.05.2014 in W.P. (C). No. 1081 of WP No.29930 of 2016 Calling for the records of the 5th respondent pertaining to the letter of the 5th respondent pertaining to his Return Order A.Thi. Mu. No. 1941/m1/2015 dated 7.12.

2015 and quash the same and also direct the respondents 1 to 5 to grant approval of thepetitioners appointment as Secondary Grade Assistant Teacher in the 5th respondents Minority Aided School WP No.29931 of 2016 Calling for the records of the 5th respondent pertaining to the letter of the 5th respondent pertaining to his Return Order Na.Ka. No. 890/m2/2016 dated 20.7.2016 and quash the same and also direct the respondents 1 to 5 to grant approval of the petitioners appointment as Secondary Grade Assistant Teacher in the 5th respondents Minority Aided School WP No.29932 of 2016 Calling for the records of the 5th respondent pertaining to theletter of the 5th respondent pertaining to the letter of the 5th respondent pertaining to his Return Order Na. Ka. No.1039/A2/2016 dated 8.8.

the respondents 1 to 5 to grant approval of the petitioners appointment as Secondary Grade Assistant Teacher in the 5th respondents Minority Aided School WP No.29933 of 2016 Calling for the records of the 5th respondent pertaining to the letter of the 5th respondent pertaining to his Return Order A.Thi.Mu.No.1940/m1/2015 dated 7.12.2015 and quash the same and also direct the respondents 1 to 5 to grant approval of the petitioners appointment as Secondary Grade Assistant Teacher in the 5th respondents Minority Aided School WP(MD) NO.12840/14: To directing the respondents 1 to 3 for approve the petitioner's appointment from 20.06.2011 as B.T.Assitants (Science) Teacher in St.Epriminse M.S.C.Higher Secondary School, Surya Code,Kanyakumari District with all the attained monetary benefits.

WP(MD) 13164/14 to 13167/14: To issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order issued by the 5th respondent in his proceedings Nil dated 18.03.2014 and quash the same as illegal and consequentially to direct the 3rd respondent to approve my appointment as Secondary Grade Teacher in the 5th respondent school w.e.f., 15.06.2012 without reference to Teacher Eligibility Test in conformity with the Judgment rendered by the Hon'ble Supreme Court in the case of Pramati Educational and Cultural Trust and other Vs.Union of India and others reported in (2014) 4 MLJ 486(SC) WP(MD) NO.

13735/14:To issue a Writ of Mandamus or any other appropriate Writ or order or direction in the nature of writ to direct the respondent 2 and 3 to approve the appointment of the Petitioner as Secondary Grade Teacher w.e.f. 01.06.2012 in pursuant to the proposal dated 17.10.2012 submitted by the 5th respondent seeking for approval of the Petitioner's appointment without reference to Teacher Eligibility Test in conformity with the Judgment rendered by the Hon'ble Supreme Court in the Case of Pramati Educational and Cultural Trust and other Vs.Union of India and others reported in (2014) 4 MLJ 486(SC) WP(MD) NO.3298 of 2015:to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order in Na.Ka.NO.1317/A4/2014 dated 25.10.2014 on the file of the Respondent NO.

3 and quash the same as illegal and consequently for a direction, directing the Respondents NO.3 to approve the appointment of the Petitioner in the post of Secondary Grade Teacher at the 5th Respondent School, appointed vide the appointment order dated 30.11.

benefits with effect from the date of appointment i.e.,30.11.2011.

WP(MD) No.5035/15: To issue a Writ of Certiorarified Mandamus or any other appropriate Writ or order or direction in the nature of writ calling for the records pertaining to the order passed by the 2nd Respondent in his proceedings in Na.Ka.No.368/A5/2014, dated 30.04.2014 and quash the same and direct the respondents to approve the appointment of the petitioner as a B.T.Assistant from the date of appointment and confer all the consequential benefits.

For Petitioner: Mr.K.H.Ravikumar in WP.21979/14 Mr.Dr.Pr.A.Xavier Arulraj SC for M/s.Arulmery in WP.Nos.24103/13 24104/13, 32103/13, 28147/14 and WP.32862/14 Mr.P.Ravi in WP.31767/13 Mr.G.Sankaran in WP.32766/13 Mr.P.Rajendran in WP.2607/15 Mr.V.Suthakar in WP.7482/15 M/s.T.Dharani in WP.NOs.13536/15,13595/15 & WP.13596/15 Mr.V.Raghupathi in WP.Nos.32245/15. 29311/15 29313/15, 29315/15 and 29930 to 29933/16 Mr.K.Manimaran in WPs.38436/15 to 38438/15 Mr.A.S.Kaizer in WP.6745/16 Mr.Anbarasu in WP(MD)No.12840/14 Mr.M.Ajmal Khan SC for M/s.Ajmal Associates in WP(MD) No.13164/14 to 13167/14 Mr.T.Lajapathi Roy in WP(MD) NO.3298/15 Mr.C.Selvaraju SC for M/s.C.S.Associates in WP.(MD) NO.5035/15

For Respndents: Mr.K.Venkataramani AAG Assisted by Mr.T.N.Rajagopalan Special Government pleader and Mr.R.Prathapkumar AGP for R1 & R2 in WP.2607/15, 7482/15, and R1 to R3 in WP.13595, 13596/15 WP(MD) 12840/14 and WP(MD)5035/15, WP31767/13 and WP.28147/14, for R1 to R4 in WP.Nos.21979/14 32103/13, 32766/15, 32862/14,13536/15,32245/15, 38436 to 38438/15, 6745/16, 29311, 29313, 29315/16.

WP(MD) NO.13164 to 13167/14 for R1 to R5 in WP.NO.29930 to 29930/16 and for R1 to R4 and R6 in WP(MD) 3298/15 Mrs.D.ReenaIswariya AGP(P) for R1 to R3 in WP.No.24103/13 and 24104/13

O R D E R

(Made by Huluvadi G.Ramesh,J) These writ petitions have been filed by the Teachers who are working in Minority Schools. Their main grievance is that their appointments were not approved by the respondents on the sole ground that they were not qualified with a pass in Teachers Eligibility Test, as prescribed in G.O.Ms.No.181, School Education (C2) Department, dated 15.11.2011. Therefore, they have come up with the above writ petitions.

2. Heard the learned counsel for the petitioners and the learned Additional Advocate General.

3. In identical batch of writ petitions, namely W.A.No.213 of 2016 etc. cases, this Court, after hearing all the parties, passed a detailed order on 24.8.2016. The relevant portions of the order read as under:

"60. In the light of the above, we are of the view 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. Therefore, we hold that G.O.Ms.No.181, School Education (C2) Department dated 15.11.2011 issued by the Government of Tamil Nadu, is not applicable to the minority institutions. Similarly, G.O.Ms.No.76 dated 18.3.2015 issued by the Government of Puducherry, is also not applicable

to the minority institutions.

61. Though the intention of the Government is that there should not be any discrimination among the Teachers working in non-minority Schools and minority Schools with respect to qualification and that there should be uniformity in the teaching imparted to the children, in view of the decision of the Apex Court in Pramati Educational & Cultural Trust, the Government cannot take shelter under the guise of discrimination to impose restrictions on minority institutions.

62. However, keeping in mind the larger interest in which the Government has issued the above G.Os., this Court feels that the minority institutions may also consider conducting a refresher course and also some interactive sessions to all the Teachers during annual vacation, in order to ensure and improve the quality of Teachers.

63. In the result, the writ petitions are allowed and the writ appeals are dismissed with a direction to the Government to release the salary of the Teachers and also to pay the arrears of salary within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected M.Ps. are closed."

4. Following the above order, these writ petitions are also allowed on the same lines. There shall be no order as to costs. Consequently, connected M.Ps. are closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar kpl To

1. The Joint Director of Elementary Education (Aided) College Road Chennai 6.

2. The District Elementary Educational Officer Perambalur District.

3. The Additional Assistant Elementary Educational Officer Veepanthatati.

4.The Secretary Union Territory of Puducherry Department of Education Puducherry 5.The Director of School Education government of Puducherry Directorate of School Education Pondicherry 6.The Senior Accounts officer Government of Puducherry directorate of School Education Pondicherry 7.The Secretay Goverment of Tamil Nadu Education Department Fort St.George Chennai 8.The Director of School Education DPI Campus college Road, Chennai 9.The Chief Educational Officer Kancheepuram 10.The District Educational officer Chengalpet 11.The Additional Chief Secretary Department of School Education Fort St.George Chennai 12.The District Elementary Educational officer Villupuram 13.The Additional Assistant Elementary Educational Officer Chinnaselam Villupuram 14.The District Elementary Educational officer Cuddalore 15.The chief Educational officer, Villupuram 16.The District Educational officer Kallkurichi Villupuram

17.The District Elementary Educational officer Thiruvannamalai 18.The Assistant Elementary Educational officer Tiruvannamalai 19.The Chief Educational officer Sathuvachari Vellore

20. The District Educational officer Tiruppatur Vellore 21.The Chief Educaitonal officer Panagal Maligai Saidapet Chennai-15 22.The District Educational officer Chennai East jayagopalkarodia Govermment Higher Secondary School Choolaimedu Chennai-94.

23.The Additional Assistant Elementary Educational officer Vridhachalam Cuddalore 24.The District Elementary Educational officer Vellore 25.The Additional Assistant Elementary Educational officer peranmpet Vellore 26.The Chief Educational officer Kangakumari District 27.The District Educational officer Kuzhithurai at Marthandam

28. The Distrit elementary educational officer, Thoothukudi 29.The Assistant Elementary Educational officer Tuticorin 30.The Assistant Elementary Educational officer, Sathankulam Range Tuticorin 31.The District Elementary Educational officer Tirunelveli

32.The Additional Assistant Elementary Educational officer Vasuthavanallur Tirunelveli 33.the Principal Secretary Government of Tamil nadu Department of School Education Fort St.George Chennai.

34.The Assistant Elementary Educational officer Srivaigundam,.Thoothukudi 35.The Secretary Teachers Recruitment Board EVK Sampath, Maligai DPI Campus, Chennai 36.The Assistant Elementary Educational officer Alwarthirunagari Tuticorin +1 cc to M/s.V.Raghupathi Advocate sr 60054 dt:28/12/2016 +10 ccs to Mr.V.Raghupathi Advocate sr 60055 to 60064 +3 ccs to Mr.T.Dharani Advocate sr 60371 to 60373 +1 cc to Mr.K.H.Ravikumar Advocate sr 59486 +1 cc to Mr.A.S.Kairzer Advocate sr 60280 +1 cc to Mr.P.Ravi Advocate sr 59830 +1 cc to Mr.V.Suthakar Advocate sr 60511 +1 cc to Mr.P.Rajendran Advocate sr 59742 +4 cc to M/s.A.Arul Mary Advocate sr59760 dt 23/01/2017 W.P.Nos.21979 of 2014, 24103, 24104,31767, 32103, 32766 of 2013, 28147,32862 of 2014, 2607, 7482, 13536,13595, 13596, 32245, 38436 to 38438of 2015, 6745, 29311, 29313, 29315 &29930 to 29933 of 2016 & WP(MD) Nos.12840, 13164 to 13167, 13735 of 2014, 3298 & 5035 of 2015.

20.10.2016.

scd(co) aa26/12/2016