The Government Of Tamil Nadu v. Siriya Malar Primary School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD) No.7637 of 2023 1.The Government of Tamil Nadu rep.by its Principal Secretary Department of School Education Fort St.George, Chennai-600 009 2.The Director of Elementary Education DPI Campus, College Road Chennai-600 006 3.The District Educational Officer The Office of the District Educational Officer Cheranmahadevi Educational District Tirunelveli District 4.The Block Educational Officer-II Office of the BEO Ambasamuthram Tirunelveli District ... Appellants -vs-

Siriya Malar Primary School rep.by its Correspondent Vickramansingapuram-627 425 Tirunelveli District ... Respondent Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 02.09.2022, passed in W.P.(MD) No.15693 of 2022, on the file of this Court.

For Appellants :

Mr.R.Baskaran, Additional Advocate General assisted by Mr.D.Sadiq Raja Additional Government Pleader For Respondent :

Mr.S.Savarimuthu for M/s.Father Xavier Associates

J U D G M E N T

[Judgment of the Court was made by V.LAKSHMINARAYANAN, J.] This writ appeal is directed against the order of the learned Single Judge, dated 02.09.2022, passed in W.P.(MD) No.15693 of 2022.

2. The admitted case of the appellants is that the post of Secondary Grade Teacher fell vacant in the respondent - School due to the retirement of one Grace Jain, who was erstwhile incumbent. It is a sanctioned

post and the post fell vacant with effect from 01.01.2019. To the said post, one R.Jagatha Perumal was appointed. The respondent - School is a stand alone minority institution.

3. The learned Additional Advocate General appearing on behalf of the appellants also fairly submitted that there is no excess or surplus teacher in the respondent - School. Being a stand alone minority institution, the respondent - School had appointed one R.Jagatha Perumal as a teacher on 02.01.2019. He would rely upon the judgment of this Court dated 31.03.2021 made in W.A.(MD)Nos.76 of 2019 etc., batch (The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai and others Vs. Iruthaya Amali and another) and would invite our attention to the conclusion at paragraph No.95.

4. A reading of paragraph No.95(v) would show that insofar as the aided minority institutions, which are stand alone institutions, are concerned, right to fill up vacancy was held not to be affected for the academic year 2021-2022. In this particular case, the appointment was made in the academic year 2018-2019. Therefore, the observations made by this Court in

Iruthaya Amali's case would not give any assistance to the appellants in this case. Being a stand alone institution with no surplus, the respondent - School cannot be faulted in exercising their right and appointing a Secondary Grade Teacher. As the appointment has been made as against the sanctioned post and without surplus, we do not find any reason to interfere with the order of the learned Single Judge.

5. Accordingly, this writ appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [V.L.N., J.] 20.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk 1.The Principal Secretary, Department of School Education, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

3.The District Educational Officer, The Office of the District Educational Officer, Cheranmahadevi Educational District, Tirunelveli District.

4.The Block Educational Officer-II, Office of the BEO, Ambasamuthram, Tirunelveli District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and C.M.P.(MD) No.7637 of 2023 20.11.2023