The Director Of School Education v. S John Subash

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI and C.M.P(MD)No.5010 of 2025 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Kanyakumari District, Nagercoil - 629 001.

3.The District Educational Officer (secondary), Marthandam, ... Appellants vs.

1.S.John Subash, Director of Physical Education (Grade II), L M S Girls Higher Secondary School, Marthandam - 629 165, 1/6

2.The Correspondent, L M S Girls Higher Secondary School, Marthandam - 629 165, ... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.08.2024 in W.P.(MD)No.23109 of 2023 on the file of this Court.

For Appellants : Mr.S.Venkatesh, Counsel for State For Respondents : Mr.S.Xavier Rajini for R1

JUDGMENT

[Judgment of the Court was made by N.SATHISH KUMAR, J.) The present Writ Appeal has been preferred challenging the order dated 09.08.2024 passed by the learned Single Judge in W.P.(MD)No.23109 of 2023.

2. The said Writ Petition was filed seeking a direction to the respondents to approve the appointment of the petitioner as Director of Physical Education (Grade II) in the fourth respondent school with effect 2/6

from 29.06.2022 and to disburse grant-in-aid towards salary and other attendant monetary benefits. The Writ Petition was allowed. Aggrieved by the same, the present Writ Appeal has been filed.

3. The learned counsel appearing for the first respondent / writ petitioner submits that, in the entire Corporate Management, only one post of Director of Physical Education is available and that the first respondent / writ petitioner has been appointed against the said post.

4. The aforesaid submission made by the learned counsel for the first respondent / writ petitioner is not disputed by the learned counsel appearing for the appellants.

5. It appears that only one post of Director of Physical Education is available in the entire Corporate Management and that the first respondent / writ petitioner has been appointed against the said post. It is well settled that, where only a single post is available in the entire Corporate Management, 3/6

the question of student strength would not arise for consideration. In such circumstances, there is no impediment for the appellants to approve the appointment of the first respondent / writ petitioner. This Court finds no infirmity in the order passed by the learned Single Judge warranting interference in this appeal.

6. In light of the above, the appellants are directed to approve the appointment of the first respondent / writ petitioner within a period of one

(1) week from the date of receipt of a copy of this judgment. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is dismissed.

[N.S.K.,J.] [P.B.B.,J.] 18.06.2026 NCC : Yes / No Index : Yes / No Speaking / Non-speaking order mbi 4/6

To 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Kanyakumari District, Nagercoil - 629 001.

3.The District Educational Officer (secondary), Marthandam, 5/6

N.SATHISH KUMAR ,J.

and P.B.BALAJI,J.

mbi DATED : 18.06.2026 6/6