The Govt Of Tamil Nadu v. The Correspondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)Nos.5115 & 5116 of 2025 1.W.A(MD)No.747 of 2025:
1.The Government of Tamil Nadu, Represented by its Additional Chief Secretary, Department of School Education, Fort St. George, Chennai-9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 6.
3.The Chief Educational Officer, The Office of the Chief Educational Officer, Karur.
4.The District Educational Officer Secondary, The Office of the District Educational Officer, Karur - 639 007.
...
Appellants/Respondents vs.
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The Correspondent, St. Theresas Girls Higher Secondary School, Theresa Nagar, Karur - 639 004.
... Respondent/Writ Petitioner PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 09.08.2024 made in W.P(MD)No.30071 of 2023. For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.S.Savarimuthu for M/s.Father Xavier Associates 2.W.A.No.748 of 2025:
1.The Government of Tamil Nadu, Represented by its Additional Chief Secretary, Department of School Education, Fort St. George, Chennai-9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 6.
3.The Chief Educational Officer, The Office of the Chief Educational Officer, Karur.
4.The District Educational Officer Secondary, The Office of the District Educational Officer, Karur - 639 007.
...
Appellants/Respondents vs.
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The Correspondent, St. Theresas Girls Higher Secondary School, Theresa Nagar, Karur - 639 004.
... Respondent/Writ Petitioner PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 09.08.2024 made in W.P(MD)No.30072 of 2023. For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.S.Savarimuthu for M/s.Father Xavier Associates COMMON JUDGMENT (Judgment of the Court was delivered by S.SRIMATHY, J.) We have heard Mr.J.Ashok, learned Additional Government Pleader appearing for the appellants and Mr.S.Savarimuthu, learned counsel appearing for the respondent.
2.Aggrieved by the common order passed by the writ Court dated 09.08.2024 made in W.P(MD)Nos.30071 & 30072 of 2023, the respondents as appellants have preferred the present Writ Appeals. 3/7
3.In the Writ Court, in the concluding paragraph, it is stated as follows:
"20.In the result, all the writ petitions are allowed with a direction to the authorities to consider the proposal for approval of appointment submitted by the School Management to the post of Secondary Grade Teachers/B.T Assistants/Director of Physical Education (Grade-II) and pass orders in the light of the abovesaid observations, within a period of eight (8) weeks from the date of the receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed." 4.According to the appellants, it is a positive direction. It is seen that in W.A(MD)No.76 of 2019 and etc., batch, dated 31.03.2021, the Co-ordinate Bench has categorically stated that any appointment after the academic year 2021-2022, cannot be approved. In the present case, the appointment is after the year 2022. In one case, it is 11.01.2023 and in another case, it is 16.06.2023. If there is surplus in the Corporate Management, then the said approval cannot be approved. Therefore, this Court is clarifying the order that if it is appointed after 4/7
the academic year 2021-2022, if there is any surplus, the respondent/writ petitioner School is not entitled for approval. 5.With this clarification, these Writ Appeals are disposed of. The appellants are directed to take a call and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. [J.N.B.,J.] & [S.S.Y.,J.] 28.03.2025 NCC : Yes / No Index : Yes / No ps 5/7
To 1.The Additional Chief Secretary, Represented by the Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai-9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 6.
3.The Chief Educational Officer, The Office of the Chief Educational Officer, Karur.
4.The District Educational Officer Secondary, The Office of the District Educational Officer, Karur - 639 007.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 28.03.2025 7/7