The State Of Tamilnadu, v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD).No.5681 of 2023 1.The State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.

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

3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.The District Educational Officer, Tirunelveli, Tirunelveli District.

.. Appellants/Respondents Vs.

The Correspondent, St.Xavier's Higher Secondary School, Palayamkottai 627 002, Tirunelveli District.

.. Respondent/Writ Petitioner

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 29.06.2022 in W.P.(MD).No.13044 of 2020 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.K.Ragatheesh Kumar for M/s.Isaac Chambers

JUDGMENT

(Judgment of the Court was delivered by V.LAKSHMINARAYANAN,J.) This Writ Appeal arises against the order passed in W.P.(MD).No. 13044 of 2020 dated 29.06.2022.

2. The admitted case of the appellants is that the post of B.T.Assistant (Maths) fell vacant due to the promotion of one J.Arockia James Jerom, who was erstwhile incumbent. It is a sanctioned post and the post fell vacant with effect from 11.06.2018. To the said post, one M.Alex John 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 M.Alex John as a teacher on 02.07.2018. 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. 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 vacancy was held not to be affected for the academic year 2021-22. In this particular case, the appointment was made in the academic year 2018-19. 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 cannot be faulted in exercising their right and appointing a B.T.Assistant. 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. 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 Lm

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 20.11.2023