T.Doariswamy Gowder Higher Secondary School, v. The Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-09-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and WMP.No.37002 of 2025 T.Doraiswamy Gowder Higher Secondary School, Rep. by its Secretary, Running under S.K.Thimayaiah Gowder Trust, Seeliyur-641 113, Coimbatore District.
Petitioner(s) Vs
1. The Director Of School Education College Road, Chennai-600 006.
2.The Chief Educational Officer Coimbatore, Coimbatore District.
3.The District Educational Officer, Coimbatore, Coimbatore District.
4.S.Karthick Babu Respondent(s)
PRAYER calling for the records relating to the impugned proceedings of the 2nd respondent in O.Mu.No.2110/ A4/ 2025 dated 21.07.2025 and the consequential order of the 3rd respondent in Mu.Mu. No.9830/ A3/ 2024 dated 24.07.2025, quash the same and consequently direct the 2nd respondent -Chief Educational Officer, Coimbatore to forthwith approve the appointment of the 4th respondent as P.G. Assistant (Commerce) in the petitioner School, namely T.Doraisamy Gowder Higher Secondary School, Seeliyur, with effect from the date of his appointment viz., 13.12.2024 together with all attendant benefits including arrears of salary and allowances, within a time frame fixed by this Honourable Court For Petitioner(s):
Mr.Srinath Sridevan, Senior Advocate for Mr.S.Rajmakesh For Respondents:
Mr.M.Suresh Kumar, AAG assisted by Mrs.S.Mythreye Chandru, SPG, for R1 to R3
ORDER
The petitioner has filed Writ of Certiorarified Mandamus to quash the proceedings of the second respondent dated 21.07.2025 and the consequential order of the third respondent dated 24.07.2025 and consequently seeks approval of the fourth respondent's appointment as P.G. Assistant (Commerce).
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The brief facts that are necessary for disposal of this Writ Petition are as follows:
It is the case of the petitioner that the petitioner School is being run by S.K.Thimayaiah Gowder Trust. The Trust has been serving the educational needs of rural students in Coimbatore for over 60 years. The Institution enjoys government aid and imparts education through Tamil Medium and has consistently maintained 100% academic results for the past 13 years. Further, it holds a significant place in the locality, enabling the village students to learn in their mother tongue with the guidance of dedicated teachers. On 01.11.2023, a vacancy arose in the sanctioned post of P.G. Assistant (Commerce) following the promotion of one V.Rajkumar, who was the previous teacher. To fill up the said post, the School had issued advertisements in Dinamalar and Dinakaran Newspapers during November 2024. A total number of 463 candidates had applied and interviews were held over 3 days. Based on the merit, the fourth respondent was selected and appointed by an order dated 12.12.2024.
Thereafter, the petitioner School had forwarded the proposal for approval of his appointment and release of grant-in-aid salary on 18.12.2024. However, the second respondent had raised repeated queries about the marks awarded under the experience category vide letters dated 22.04.2025 and 29.05.2025. By detailed replies, dated 08.05.2025 and 04.06.2025, the petitioner clarified that the assessment included not only length of service but also teaching performance, ability to motivate students, aptitude for Tamil medium instruction and over all suitability. Despite these clarifications, the second respondent rejected the proposal on 21.07.2025, which was confirmed by the third respondent on 24.07.2025. The rejection has seriously prejudiced both the students and teachers, undermining the very objective of aided education. The petitioner School having conducted a transparent and merit based selection process, is now constrained to challenge the impugned orders.
4. Mr.Srinath Sridevan, learned Senior Counsel appearing for the petitioner submitted that the vacancy in the sanctioned post of P.T. Assistant (Commerce) arose on 01.11.2023 and an advertisement was issued in the local dailies for filling of the said post and a total of 463 candidates applied and
interviews were held over 3 days. Taking into consideration that the fourth respondent performed well, he was selected to the post. The School had forwarded the proposal for approval of his appointment and releasing of grant-in-aid salary on 18.12.2024. However, the second respondent raised repeated queries despite the detailed replies were given. Ultimately, the second respondent rejected the proposal on 21.07.2025, which was further confirmed by the third respondent on 24.07.2025.
5. Per contra, Mr.M.Suresh Kumar, learned Additional Advocate General appearing for the official respondents would submit that since the reply given was general in nature and not satisfactory, the respondents have rejected the same. He would also submit that an appeal provision has been provided under rule 3(2)(b) of the Tamil Nadu Private Schools (Regulation) Rules 2023.
6. Heard both sides and perused the materials available on records. 7.On perusal of the impugned order shows that it is not clear and it has been issued without proper reasoning.
8. In view of the above, the impugned orders are set aside. However, a direction is issued to the petitioner to give details afresh about the selection process within a period of two weeks from the date of receipt of a copy of the order. On such explanation being given, the second respondent shall consider the same and pass a reasoned order within a period of six weeks thereof taking into consideration the merits thereon in the explanation.
9. With the above observation and directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
01-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Director Of School Education College Road, Chennai-600 006.
2.The Chief Educational Officer Coimbatore, Coimbatore District.
3.The District Educational Officer, Coimbatore, Coimbatore District.
A.D.JAGADISH CHANDIRA J.
pvs 01-09-2025