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Madras High CourtWP/7611/2024allowed

Sr.Y.Amala Rani, v. The Government Of Tamilnadu,

2026-02-17Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP Nos. 7611, 7613 & 7616 of 2024 AND WMP Nos. 8528, 8531 & 8537 of 2024 W.P.No.7611 of 2024 Sr.Y.Amala Rani ..Petitioner(s) Vs

1. The Government of Tamil Nadu, Represented by its Principal Secretary, ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records

pertaining to the impugned order dated 28.11.2023, in Na.K.No.5342/A3/2023, on the file of the 4th Respondent, and quash the same, and directing the respondents 1 to 4 to accord approval to the appointment of the petitioner Sr.Y.Amala Rani, Working as B.T. Assist (Tamil), in St.Dominic's Girls Higher Secondary School, Nirmala Nagar, Perambalur Dt-621 212 w.e.f. 01.06.2018, with all service and monetary benefits.

WP No. 7613 of 2024 Sr.M.Karolin Mary ..Petitioner(s) Vs

1. The Government of Tamil Nadu, Represented by its Principal Secretary, ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 28.11.2023, in Na.K.No.5341/A3/2023, on the file of the 4th Respondent, and quash the same, and directing the

respondents 1 to 4 to accord approval to the appointment of the petitioner Sr.M.Karolin Mary, Working as B.T. Assist (Science), in St. Dominic's Girls Higher Secondary School, Nirmala Nagar, Perambalur Dt-621 212 w.e.f. 01.06.2020, with all service and monetary benefits. WP No. 7616 of 2024 Sr.D.Avila Theresa ..Petitioner(s) Vs

1. The Government of Tamil Nadu, Represented by its Principal Secretary, ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 28.11.2023, in Na.K.No.5340/A3/2023, on the file of the 4th Respondent, and quash the same, and directing the respondents 1 to 4 to accord approval to the appointment of the petitioner

Sr.D.Avila Theresa, Working as B.T. Assist (Social Science), in the 5th respondent St.Dominic's Girls Higher Secondary School, Nirmala Nagar, Perambalur Dt-621 212 w.e.f. 06.06.2018, with all service and monetary benefits.

In all Petitions For Petitioner(s) :

M/s.A.Arul Mary for Father Xavier Associates For Respondent(s) :

Mrs.S.Mythreye Chandru, SGP M/s.A.Francisca for R5 COMMON ORDER These writ petitions are disposed of by way of common order, since the issue in these petitions are one and the same.

2. The case of the petitioners that the fifth respondent school is a Minority school administered by Franciscan Sisters of St.Joseph. The petitioners herein were appointed as B.T.Assistants Tamil, Science and Social Science respectively in the fifth respondent school, due to the vacancies arisen out of the retirement of one Sr.Alphonse Ligori on 30.04.2018, Mrs.S.Esther on 29.02.2020 and transfer of Sr.P.Jemma Mary on 05.06.2018. Accordingly, the petitioners joined the above said school as B.T.Assistants with effect from 01.06.2018, 01.06.2020 & 06.06.2018 respectively. Subsequently, the fifth respondent school forwarded the proposal of the appointments of these petitioners as B.T.Assistants to the Educational Authority for approval on

31.01.2020. However, no order was passed. Hence, the petitioners herein filed writ petitions before this Court in W.P.Nos.19398, 19404 & 19402 of 2023 seeking approval of their appointment. This Court by its order dated 13.06.2023 issued direction to the respondents therein to dispose of the proposal forwarded by the fifth respondent and pass appropriate orders. Thereby, the fourth respondent vide its order dated 28.11.2023, rejected the approval to the appointment on the grounds that the petitioners have not acquired T.E.T. qualification; the fifth respondent school have not submitted the proposal to the authorities for approval to the appointment of the petitioners; not absorbing the surplus teachers working in the corporate minority management schools at the district level; only Headmaster's and P.G. Assit posts alone can be filled up and all other appointments need to wait till appropriate directions are issued. Challenging the said order dated 28.11.2023, the petitioners have come forward with these writ petitions.

3. Learned counsel for the petitioners would submit that the fourth respondent rejected the petitioners approval for appointment primarily on two grounds, as if the fifth respondent school management have not forwarded the proposal for appointment and; for not acquiring T.E.T qualification. However, in the present case, counsel for the fifth respondent school appeared before this Court and clearly demonstrated that the fifth respondent school have forwarded the proposal dated 31.12.2020 and the same was received by the fourth

respondent dated 27.11.2023 and in respect of T.E.T qualification, it was not required for minority institutions and that issue is pending before the Hon'ble Supreme Court in Civil Appeal No.1385 of 2025. Hence, the rejection order passed by the fourth respondent is not sustainable. Accordingly, he prays for allowing these writ petitions.

4. Per contra, learned Special Government Pleader appearing for the respondents 1 to 4 would fairly submit that the approval to the appointment of the petitioners was forwarded by the fifth respondent school vide proposal dated 31.12.2020 and the appointment of the petitioners will be subject to the result of Civil Appeal No.1385 of 2025, pending before the Hon'ble Supreme Court of India.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Though many grounds have been raised in these writ petitions, considering the fair submission made by the learned Special Government Pleader appearing for the respondents 1 to 4, the impugned orders passed by the fourth respondent dated 27.11.2023 are hereby set aside. Consequently, this Court directs the respondents to approve the appointment of the petitioners as B.T.Assistants, subject to the result of Civil Appeal No.1385 of 2025, pending

before the Hon'ble Supreme Court of India. In the mean time the petitioners acquires T.E.T qualification, the same may be submitted before the respondents for consideration.

With the above terms, these writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 17-02-2026 Index: Yes/No Speaking/Non-speaking order VM To:

1. The Principal Secretary,

M.DHANDAPANI J.

VM W.P.Nos.7611, 7613 & 7616 of 2024 17-02-2026