The Director Of Elementary Education v. M Nalini

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER and C.M.P.No.16922 of 2024 1.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2.The District Educational Officer, (Presently District Elementary Educational Officer), Tiruvallur District, Tiruvallur.

3.The Block Educational Officer, Poondy Union, Tiruvallur District.

...

Appellants versus 1.M.Nalini, D/o.G.Moorthy, Secondary Grade Teacher, TELC Primary School, Karani Nizampet - 632 210.

Poondi Range, Tiruvallur District.

2.The Manager & Correspondent, TELC Primary School, Karani Nizampet - 632 210.

Poondi Range, Tiruvallur District.

...

Respondents 1/4

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order passed in W.P.No.27605 of 2022 dated 21.03.2024. For Appellants :

Mr.UM.Ravichandren Additional Government Pleader For Respondents :

Mr.G.Sankaran Senior Counsel for Mr.S.Nedunchezhian - R1

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge in this appeal is to the order of the Writ Court made in W.P.No.27605 of 2022 dated 21.03.2024.

2.

The issue relates to the approval of the appointment of a Secondary Grade Teacher in a minority institution. The approval was refused on the ground that there was surplus teachers in the same Corporate Management.

3.

The issue is covered by the decision of the Division Bench of this Court in the Secretary to Government Vs. Iruthaya Amali dated 31.03.2021, which has been confirmed by the Hon'ble Supreme Court subject to modifications. Admittedly, a direction relating to the right of minority institutions to appoint teachers without prior approval has not been 2/4

tinkered with by the Hon'ble Supreme Court. Another Division Bench of this Court, in which one of us (R.Subramanian, J.) is a party, had an occasion to consider the same issue in W.A.No.576 of 2025 and 11.03.2025. 4.

In view of the same, this Writ Appeal is dismissed with the same liberty granted in W.A.No.576 of 2025 and 11.03.2025. Twelve (12) weeks time is granted to the appellants to comply with the orders issued by the learned single Judge from today. No costs. Consequently, the connected Miscellaneous Petition is closed.

(R.S.M., J.) (K.S., J.) 17.06.2025 Speaking order Index : No : No sri To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2.The District Educational Officer, (Presently District Elementary Educational Officer), Tiruvallur District, Tiruvallur.

3.The Block Educational Officer, Poondy Union, Tiruvallur District.

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R.SUBRAMANIAN, J.

and K.SURENDER, J.

sri and C.M.P.No.16922 of 2024 17.06.2025 4/4