The State Of Tamil Nadu v. Sam Sathiya Selvan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.A.(MD)No.841 of 2016 and C.M.P.(MD).No.5127 of 2016 1.The State of Tamil Nadu, represented by its Secretary, School Education (C2) Department, Fort St. George, Chennai.

2. The Director of School Education, College Road, Chennai.

3. The District Elementary Educational Officer, O/o, District Educational Office, Ramanathapuram District.

4. The Assistant Elementary Educational Officer, O/o. Assistant Elementary Educational Office, Katalati, Ramanathapuram District.

... Appellants Vs.

Sam Sathiya Selvan ... Respondent PRAYER: Writ Appeal is filed under Clause XV of Letter Patent against the interim order dated 21.01.2016 in W.M.P.(MD).No.1103 of 2016 in W.P.(MD).No.1326 of 2016.

Prayer in WMP(MD). 1103/ 2016 :

To grant an Ad-Interim Direction directing the respondents to accord temporary provisional approval for appointment of the petitioner as a Secondary Grade Teacher in CSI, Primary School Melakidaram, and pay salary to the petitioner pending disposal of the WP(MD)No.1326/2016.

Prayer in WP(MD). 1326/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to approve the appoint of the petitioner as a Secondary Grade Teacher, in the C.S.I.Primary School, Melakidaram, on the basis of the proposal sent by the said school on 23.01.2015 without insisting for qualification in the TET Examination in light of the decision of the Honble Supreme Court in Pramati Education and Cultural Trust Vs Union of India 2014 8 SCC 1 within the time that may be stipulated by this Honble Court.

For Appellants : Mr.VR.Shanmuganathan Special Government Pleader For Respondent : Mr.Mahaboob Athiff

JUDGMENT

(Judgment of this Court was delivered by S.MANIKUMAR,J.) In the present writ appeal, the challenge made is to the order passed by the writ Court, directing the appellants to grant temporary approval and pay salary to the respondent, who is working as Secondary Grade Teacher in C.S.I. Primary School, Melakidaram, Kadaladi, Ramanathapuram District.

2. Learned counsel appearing for the parties in the appeal, have consented that, they are agreeable that the order passed in W.A.(MD) No.220/2016 dated 05.02.2016, be passed in the present appeal also, details of which are given below. Thus, by consent, the present appeal is taken up and disposed of.

3. On an earlier occasion, a similar Writ Appeal (MD)No.220 of 2016, filed by the State, has been considered and disposed of on 05.02.2016 by a Hon'ble Division Bench of this Court, to which, one of us (SMKJ) is a party.

4. Mr.Mahaboob Athiff, learned counsel appearing for the respondent/petitioner has consented for a similar order to be passed.

5. Inasmuch as the learned counsel for the first respondent/writ petitioner has consented for a similar order as made in W.A.(MD) No.220 of 2016, dated 05.02.2016, this Court deem it fit to extract the same and dispose of the Writ Appeal on the same lines:

"4.In a similar writ appeal filed by the State in the Principal Bench, a Division Bench of this Court has

passed the following order in W.A.No.1299 of 2015, dated 14.09.2015.

'4.Be that as it may, the issue as to whether the provisions of the Act, will be applicable to a minority institution, is pending consideration in Aswinithanappan Vs. Director of Education and another - (2014) 8 SCC 272. 5.In view of the above, without going into the merits of the case as to whether a teacher appointed in a minority school is required to have TET qualification, as the same is the subject matter of the Writ petition, we are of the considered view that interest justice would subserve, if the appointment of the first respondent is protected, without giving any direction to the State Government to grant temporary approval.

6.Mr.D.Krishnakumar, learned Special Government Pleader (Education) appearing for the appellants fairly submits that the first respondent shall not be terminated during the pendency of the said writ petition being W.P.No.14072 of 2015.

7.Accordingly, we direct that the first respondent shall be given her salary in the course of her employment and no steps to remove her from service shall be taken till the disposal of the writ petition. However, it is made clear that this order is subject to the final outcome of the pending writ petition. It is further made clear that the first respondent shall not claim any equity on account of this order, without prejudice to the rights and contentions of the parties, therein.

8.This intra-Court appeal is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed. "

6. By consent, Writ Appeal is disposed of on the same lines as ordered in W.A.(MD)No.220 of 2016 dated 05.02.2016. Having consented, appellants are directed to comply with the orders. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar

akv To 1.The Secretary, School Education (C2) Department, Fort St. George, Chennai.

2. The Director of School Education, College Road, Chennai.

3. The District Elementary Educational Officer, O/o, District Educational Office, Ramanathapuram District.

4. The Assistant Elementary Educational Officer, O/o. Assistant Elementary Educational Office, Katalati, Ramanathapuram District.

CSL/SKS/RR/7.9.16-4p-5c W.A.(MD)No.841 of 2016 29.04.2016