S.Mariya Pushpa Deepa v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18897 of 2024 and W.M.P.No.20748 of 2024 S.Mariya Pushpa Deepa ....
Petitioner Vs
1. The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort.St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Tiruchirapalli, Trichy - 620 008.
4. The District Educational Officer, District Collector Office, Trichy - 620 001.
5. The Correspondent, Bishop Heber Higher Secondary School, Teppakulam, Trichy - 620 002.
....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents 1 to 4 1/6
to approve the appointment of petitioner as B.T.Assistant English and pay salary and all attendant benefits from 17.02.2020. For Petitioner : Mr.V.Krishnamurthy For R1 to R4 : Mrs.S.Mythreye Chandru Special Government Pleader
ORDER
This Writ Petition has been filed for a direction directingthe respondents 1 to 4 to approve the appointment of petitioner as B.T.Assistant (English) and pay salary and all attendant benefits from 17.02.2020.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was appointed as B.T.Assistant on 17.02.2020 in the vacancy arose due to retirement of one A.V.Patterson in the fifth respondent School, which is an aided Christian Minority School under Article 30(1) of the Constitution of India. In the staff fixation order, which is fixed by the Department by taking note of the criteria to student teacher ratio in particular as on 01.08.2017 in the fifth respondent School, there were 6 vacancies of B.T.Assistant (English) on 2/6
01.08.2019. There were 6 vacancies and in the staff fixation order dated 01.08.2022 there were 6 vacancies. Therefore, the petitioner was appointed in a sanctioned and a vacant post in the fifth respondent School. That apart, the fifth respondent had sent a proposal to the fourth respondent on 29.05.2020 for approval and the same was returned on 03.07.2020 for some clarification. Insofar as the surplus post in B.T.Assistant (English) is concerned, the petitioner was appointed prior to the G.O.Ms.No.165, School Education (Elementary Education) 2(1) Department, dated 17.09.2019. Even assuming that the Government order was in force, there was no surplus post of B.T.Assistant (English) in the fifth respondent. In fact, the said Government order was declared as "in operation".
That apart, the Teacher Eligibility Test is not required for the appointment to the minority institutions. This issue is now pending with the Hon'ble Supreme Court of India. Insofar as the equivalent certificate is concerned, already the petitioner has annexed the equivalent certificate as per G.O.Ms.No.169 dated 26.08.2022.
4. In view of the above, the fifth respondent is directed to resubmit the proposal for approval of the petitioner's appointment to the post of B.T.Assistant (English) to the fourth respondent within a period 3/6
of two weeks from the date of receipt of a copy of this order. On receipt of such proposal, the fourth respondent is directed to pass orders on the proposal as per the observations made by this Court.
5. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
10.07.2024 (4/4) Internet : Yes/No Index:Yes/No Speaking/Non-speaking order Lpp To
1. The Secretary, School Education Department, Fort.St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Tiruchirapalli, Trichy - 620 008.
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4. The District Educational Officer, District Collector Office, Trichy - 620 001.
5. The Correspondent, Bishop Heber Higher Secondary School, Teppakulam, Trichy - 620 002.
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G.K.ILANTHIRAIYAN, J.
Lpp W.P.No.18897 of 2024 10.07.2024 (4/4) 6/6