The Correspondent And Headmistress v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.10637 of 2025 and WMP(MD)No.7921 of 2025 The Correspondent & Headmistress St. Joseph's Girls Hr. Sec. School, Kumbakonam - 612 001 Thanjavur District.

...Petitioner

Vs.

1. The State of Tamil Nadu Rep by its Secretary Department of School Education, Fort. St. George, Chennai 600 009.

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

3. The Chief Educational Officer, The Office of the CEO Thanjavur District - 613 001.

4. The District Educational Officer The Office of the DEO Kamatchi Josiyar Street, Opp. to CUB, Kumbakonam, Thanjavur District - 612 001. ....Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a writ of Mandamus directing the 3rd

respondent Chief Educational Officer herein to approve forthwith the appointment of Mrs.S.Antali Libina as B.T.Asst (English) w.e.f., 23.01.2024 in the petitioner school with all attendant benefits including the arrears of salary and allowance. For Petitioner : M/s.S.Amala Irudhaya Mary For Respondents : Mr. M.Siddarthan, Additional Government Pleader

O R D E R

This writ petition is filed seeking a direction to the 3rd respondent to approve forthwith the appointment of one .S.Antali Libina as B.T.Assistant (English) w.e.f., 23.01.2024 in the petitioner school with all attendant benefits including the arrears of salary and allowance.

2. Heard the learned counsel for the petitioner and Mr.Siddharthan, learned Additional Government Pleader appearing for the respondents and carefully perused the materials available on record.

3. The petitioner school is a recognized minority institution. One post of Secondary Grade Teacher in the petitioner school fell vacant

due to the Voluntary Retirement of one L.Immaculate on 30.10.2021. The said Secondary Grade Teacher post was upgraded as per the orders of the third respondent dated 30.11.2023. In the said vacancy, a fully qualified and TET passed candidate Mrs.S.Antali Libina was appointed by the management of the petitioner school with effect from 23.01.2024. The said teacher joined the duty on the same day. Thereafter, the petitioner school submitted a proposal to the third respondent on 01.07.2024 seeking approval of the appointment of the said teacher and to disburse the grant-in-aid towards her salary. There is no response from the third respondent. Aggrieved by the same, the present writ petition is filed.

4. The learned Additional Government Pleader appearing for the respondents would submit that the proposal submitted by the petitioner will be considered in accordance with law within a time to be stipulated by this Court.

5. Having considered the facts and circumstances of the case and after hearing the respective counsels, in our considered view, this

writ petition can be disposed of with consent of both parties at the admission stage without going into the merits of the case with a direction to the third respondent to consider the proposal submitted by the petitioner school on 01.07.2024 within a time to be stipulated herein in accordance with law to meet the ends of justice.

6. Accordingly, this writ petition is disposed of with a direction to the third respondent to consider the proposal submitted by the petitioner school on 01.07.2024 seeking for approval of the appointment of one S.Antali Libina as B.T. Assistant (English) with effect from 23.01.2024 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed. 21.04.2025 Index : Yes/No Internet : Yes/No

NCC : Yes/No CM To,

1. The State of Tamil Nadu Rep by its Secretary Department of School Education, Fort. St. George, Chennai 600 009.

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

3. The Chief Educational Officer, The Office of the CEO Thanjavur District - 613 001.

4. The District Educational Officer The Office of the DEO Kamatchi Josiyar Street, Opp. to CUB Kumbakonam, Thanjavur District - 612 001.

BATTU DEVANAND , J.

CM W.P.(MD)No.10637 of 2025 and WMP(MD)No.7921 of 2025 21.04.2025