The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.14115 to 14119, 14363, 8666, 9880 to 9882, 9921, 10286, 14484 to 14487, 14491, 14188, 14646, 14668, 12940, 12869, 15026 to 15029, 15041 to 15044 and 15076 to 15078 of 2016, 20572, 19522 and 20177 of 2014, 13851 and 14661 of 2016, 17835, 17916 to 17922 of 2015 and 2093 of 2016 and 16974 of 2015 and WMP.(MD).Nos.10468 to 10477/2016, 10646 to 10647/2016, 6929 & 6930/2016, 7805 to 7810/2016, 7828 to 7829/2016, 8034 to 8035/2016, 10739/16, 10530/16, 11075/16, 11076/16, 11077/16, 11083 to 11088/2016, 11089/2016, 11108 to 11112/2016, 10318/16, 10881, 10882/2016 and MP.(MD).No. 1 of 2015 and MP.(MD).NOs.1 & 2 of 2014 and MP.(MD).No.1 of 2014 The Correspondent, De Britto Higher Secondary School, Devakottai-630 303, Sivagangai District.

... Petitioner in WP(MD) No.14115 of 2016 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-600 009. 3)The Chief Educational Officer,Sivagangai, Sivagangai District. 4)The District Educational Officer, Devakottai, Sivagangai District.

... Respondents in WP(MD) No.14115 of 2016 Prayer in WP(MD) No.14115 of 2016:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide A.Thi.Mu.No.755/A2/08 dated 29.01.2008 and the consequential proceedings in O.Mu.No.2696/A1/2016 dated 21.04.2016, quash the same and further direct the 4th respondent District Educational officer herein to approve forthwith the appointment of V.Ravichandran as Office Assistant in the petitioner school w.e.f. 03.12.2007 with all attendant benefits including the arrears of salary and allowance. THE CORRESPONDENT DE BRITTO HIGHER SECONDARY SCHOOL DEVEKOTTAI-630 303, SIVAGANGAI DISTRICT.

... PETITIONER in WP(MD) No.14116 to 14119 of 2016 -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-600 009.

3 THE CHIEF EDUCATIONAL OFFICER SIVAGANGAI SIVAGANGAI DISTRICT.

4 THE DISTRICT EDUCATIONAL OFFICER DEVAKOTTAI SIVAGANGAI DISTRICT.

... RESPONDENTs in WP(MD) No.14116 to 14119 of 2016 Prayer in WP(MD) No.14116 of 2016:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus calling for the records relating to the Impugned Proceedings issued by the 4th respondent District Education Officer vide A. Thi. Mu. No. 6152/A2/2007 dated 08.08.2007 and the consequential proceedings in O.Mu.No.2695/A1/2016 dated 21.04.2016, quash the same and further direct the 4th respondent District Educational Officer herein to approve forthwith the appointment of A.Maria Singarayar as Watchman in the petitioner school w.e.f. 01.08.2007 with all attendant benefits including the arrears of salary and allowance. Prayer in WP(MD) No.14117 of 2016:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide O.Mu.No.2693/A1/2016 dated 21.04.2016, quash the same and further Direct the 4th respondent District Educational Officer herein to approve forthwith the appointment of K.Marimuthu as Scavenger in the petitioner school w.e.f., 03.10.2007 with all attendant benefits including the arrears of salary and allowance. Prayer in WP(MD) No.14118 of 2016:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide O.MU.No. 2694/A1/2016 dated 21.04.2016, Quash the same and further Direct the 4th respondent District Educational officer herein to approve forthwith the appointment of V. Rajkumar as Waterman in the petitioner school w.e.f. 14.06.2010 with all attendant benefits including the arrears of salary and allowance. Prayer in WP(MD) No.14119 of 2016:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the Impugned Proceedings issued by the 4th respondent District Education Officer vide

O.Mu.No.2692/A1/2016 dated 21.04.2016, quash the same and further direct the 4th respondent District Educational Officer herein to approve forthwith the appointment of M.Velan Arockia Xavier as Library Assistant in the petitioner school w.e.f. 11.04.2016 with all attendant benefits including the arrears of salary and allowance.

THE CORRESPONDENT ST.MARYS HIGHER SECONDARY SCHOOL COLACHEL KANYAKUMARI DISTRICT ... PETITIONERs in WP(MD) No.14363 of 2016 Vs.

1 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 600 009 2 THE CHIEF EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT 3 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAI EDUCATIONAL DISTRICT THUCKALAI, KANYAKUMARI DISTRICT ... RESPONDENTs in WP(MD) No.14363 of 2016 Prayer in WP(MD) No.14363 of 2016:

To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent District Education Officer vide A.Thi.Mu.No.385/A1/16 dated 00.03.2016, quash the same and further Direct the 3rd respondent District Educational Officer hereinto to approve forthwith the appointment of M.Selva Singa Sadu as Office Assistant in the petitioners School w.e.f. 17.11.2014 with all attendant benefits including the arrears of salary and allowance. THE CORRESPONDENT ST.BRITTO HIGHER SECONDARY SCHOOL, GNANAVOLIVUPURAM 625 016, MADURAI DISTRICT ... PETITIONERs in WP(MD) Nos.8666 and 9880, 9881 and 9882 of 2016 Vs.

1 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 2 THE CHIEF EDUCATIONAL OFFICER MADURAI, MADURAI DISTRICT 3 THE DISTRICT EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT ... RESPONDENTs in WP(MD) Nos.8666 and 9880, 9881 and 9882 of 2016

Prayer in WP(MD) No.8666 of 2016:

To issue a WRIT OF CERTIORARIFIE MANDAMUS calling for the records relating to the impugned proceedings issued by the 1st respondent Director in O.Mu.No.79699/D2/e2/2012 dated 00.10.2012 the proceedings of the 3rd respondent District Educational Officer in U.Mu.No.1127/A5/2015 dated 6.3.3015 and his subsequent proceedings in O.Mu.No.2560/A5/2015 dated 00.05.2015 quash the same and further direct the 3rd respondent District Educational Officer herein to approve forthwith the appointment of Thiru J.Arul Dellus as Junior Assistant in the petitioners school w.e.f 1.6.2012 with all attendant benefits including the arrears of salary and allowance. Prayer in WP(MD) No.9880 of 2016:

To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent District Education officer vide O.Mu.No. 5023/A5/2015 dated 00.08.2015, quash the same and further Direct the 3rd respondent District Educational officer herein to approve the appointment of H.Arockia John Britto as Junior Assistant in the petitioner school w.e.f., 01.07.2014 with all attendant benefits including the arrears of salary and allowance, and pass such further or other suitable order/orders as this Honble Court may deem fit and proper in the circumstances of the case, and thus render justice. Prayer in WP(MD) No.9881 of 2016:

To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent District Education Officer vide Na.Ka.No.0943/Aa5/2015 dated 00.02.2016, quash the same and further direct the 3rd respondent District Educational Officer herein to approve forthwith the appointment of S.Charles Davis as Office Assistant in the petitioner s School w.e.f. 01.06.2009 with all attendant benefits including the arrears of salary and allowance.

Prayer in WP(MD) No.9882 of 2016:

To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent District Education Officer vide Na.Ka.No.0944/Aa5/2015 dated 00.02.2016, quash the same and further Direct the 3rd respondent District Educational Officer herein to approve forthwith the appointment of S.Thiruselva prabhu as Watchman in the petitioners school w.e.f. 01.06.2009 with all attendant benefits including the arrears of salary and allowance.

R.JUSTIN SELVAKUMAR JUNIOR ASSISTANT, UNION CHRISTIAN HIGHER SECONDARY SCHOOL (TELC) 625 001, MADURAI DIST ... Petitioner in WP(MD). 9921/ 2016 1 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 600 009 2 THE CHIEF EDUCATION OFFICER MADURAI, MADURAI DISTRICT 3 THE DISTRICT EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT

4 THE CORRESPONDENT UNION CHRISTIAN HIGHER SECONDARY SCHOOL (TELC) 625 001, MADURAI DISTRICT ... Respondents in WP(MD). 9921/ 2016 Prayer in WP(MD). 9921/ 2016 :

Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent District Educational Officer in Na.Ka.No.1156/Aa2/201`6 dated 07.03.2016, quash the same and further Direct the 3rd respondent District Educational Officer to approve forthwith the appointment of petitioner as Junior Assistant in the 4th respondent School namely Union Christian Higher Secondary School, Madurai w.e.f., 21.08.2013 with all attendant benefits including the arrears of salary and allowance.

S.MAGDALENE SYLVIA, JUNIOR ASSISTANT, CAPRON HALL HIGHER SECONDARY SCHOOL FOR GIRLS, MADURAI, MADURAI DISTRICT-625 016.

... Petitioner in WP(MD). 10286/ 2016 1 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI-600 009. 2 THE CHIEF EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT. 3 THE DISTRICT EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT. 4 THE CORRESPONDENT, CAPRON HALL HIGHER SECONDARY SCHOOL FOR GIRLS, MADURAI, MADURAI DISTRICT-625 016.

... Respondents in WP(MD). 10286/ 2016 Prayer in WP(MD). 10286/ 2016 :

Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 3rd respondent District Educational Officer in O.Mu.No.8155/a4/2015 dated 17.07.2015, quash the same and further direct the 3rd respondent District Educational Officer to approve forthwith the appointment of petitioner as Junior Assistant in the 4th respondent school namely Capron Hall Higher Secondary School for Girls, Madurai, w.e.f 08.012.2014, with all attendant benefits...

V.K.P.HIGHER SECONDARY SCHOOL COLACHEL, KANYAKUMARI DISTRICT, REP. BY ITS CORRESPONDENT, MR.B.LALITHA BAI THANKACHY ... Petitioner in WP(MD). 14484/ 2016

L.M.S.HIGH SCHOOL FOR GIRLS, SANTHAPURAM, KANYAKUMARI DISTRICT, REP. BY ITS CORRESPONDENT, MR.V.CHRISTOPHER DANIEL. ... Petitioner in WP(MD). 14485/ 2016 L.M.S.HIGH SCHOOL FOR GIRLS, SANTHAPURAM, KANYAKUMARI DISTRICT, REP. BY ITS CORRESPONDENT, MR. V. CHRISTOPHER DANIEL ... Petitioner in WP(MD). 14486/ 2016 ALL SAINTS HIGHER SECONDARY SCHOOL, MUTTOM, KANYAKUMARI DISTRICT, REP. BY ITS CORRESPONDENT, BRO.ISAAC ... Petitioner in WP(MD). 14487/ 2016 1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION (SECONDARY) COLLEGE ROAD, CHENNAI 6 3 THE CHIEF EDUCATIONAL OFFICER KANYAKUMARI, KANYAKUMARI DIST 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY, KANYAKUMARI DIST ... Respondents in WP(MD). 14484 to 14487/ 2016 Prayer in WP(MD). 14484/ 2016 :

Mandamus directing the 4th respondent to approve the appointment of Mr.M.Greesh as Junior Assistant in the petitioner school w.e.f. 01.08.2015 (F.N) with all consequential monetary benefits and arrears of salary as per proposal submitted by the school dated 29.02.2016, within the time limit fixed by this Honble Court. Prayer in WP(MD). 14485/ 2016 :

Mandamus directing the 4th respondent to approve the appointment of Mr.P.L.Selva Vijin as record clerk in the petitioner school w.e.f. 19.11.2014 (F.N) with all consequential monetary benefits and arrears of salary as per proposal submitted by the school dated 28.07.2016, within the time limit fixed by this Honble court. Prayer in WP(MD). 14486/ 2016 :

Mandamus, directing the 4th respondent to approve the appointment of Mr.S.Juslin Joseph Raj as night watchman in the petitioner school w.e.f 01.08.2009(f.N) with all consequential monetary benefits and arrears of salary as per proposal submitted by the school dated 28.07.2016.

Prayer in WP(MD). 14487/ 2016 :

Mandamus directing the 4th respondent to approve the appointment of S.Shaya Anusha as Record Clerk in the petitioner school w.e.f. 12.06.2015 (F.N) with all consequential monetary benefits and arrears of salary as per proposal submitted by the school dated 27.07.2016, within the time limit fixed by this Honble Court. P.V.JINO IGNATIOUS, S/O.M.PURUSHOTHAMAN, PURUSHALAYAM, PUTHENKADAI, THIRUVATTAR POST - 629 177, KANYAKUMARI DISTRICT. ... Petitioner in WP(MD). 14491/ 2016 1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI - 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI. 3 THE CHIEF EDUCATIONAL OFFICER NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY, KANYAKUMARI DISTRICT.

5 ARUNACHALAM HIGHER SECONDARY SCHOOL, REP. BY ITS CORRESPONDENT, THIRUVATTAR - 629 117, KANYAKUMARI DISTRICT.

... Respondents in WP(MD). 14491/ 2016 Prayer in WP(MD). 14491/ 2016 :

Certorarified Mandamus calling for the records on the files of the 4th respondent pertaining to its order bearing Oo.Mu.No.5412/A3/2015 dated 01.02.2016 and quash the same and consequently direct the respondent to regularize the service of the petitioner of Office Assistant with effect from 24.08.2015 by considering the proposal resubmitted by the 5th respondent on 29.07.2016 and to disburse all the monetary benefits consequent to the same. R.JINO, S/O.R.RAJAIAN, R.C.STREET, MANALIKARAI POST-629 164, KANYAKUMARI DISTRICT.

... Petitioner in WP(MD). 14188/ 2016 1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT , SECRETARIAT, CHENNAI-9. 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI. 3 THE CHIEF EDUCATIONAL OFFICER NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY, KANYAKUMARI DISTRICT.

5 THE CORRESPONDENT, ST. MARY GORETTY HIGHER SECONDARY SCHOOL, MANALIKARAI, KANYAKUMARI DISTRICT.

... Respondents in WP(MD). 14188/ 2016

Prayer in WP(MD). 14188/ 2016 :

Certiorarified Mandamus calling for the records on the filed of the 4th respondent pertaining to its order bearing Oo.Mu.No.4258/A2/2015 dated 17.02.2016 and quash the same and consequently direct the respondent to regularize the service of the petitioner as Lab Assistant with effect from 01.06.2015 by considering the proposal resubmitted on 25.07.2016 and to disburse all the monetary benefits consequent to the same.

HACKER MEMORIAL HIGHER SECONDARY SCHOOL, NEYYOOR, KANYAKUMARI DISTRICT, REP. BY ITS CORRESPONDENT MR.A.RAJESH ... Petitioner in WP(MD). 14646/ 2016 1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION (SECONDARY), COLLEGE ROAD, CHENNAI 6 3 THE CHIEF EDUCATIONAL OFFICER KANYAKUMARI, KANYAKUMARI DISTRICT 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY, KANYAKUMARI DISTRICT ... Respondents in WP(MD). 14646/ 2016 Prayer in WP(MD). 14646/ 2016 :

Mandamus directing the 4th respondent to approve the appointment of Mr.C.Chandra Boss as Record Clerk in the petitioner school w.e.f. 24.03.2008 (F.N) with all consequential monetary benefits and arrears of salary as per proposal submitted by the school dated 18.07.2016, within the time limit fixed by this Honble Court. ST.JOSEPH HIGH SCHOOL, PILANKALAI, KANYAKUMARI DISTRICT, REP. BY ITS CORRESPONDENT, FR. G. THOMAS.

.. Petitioner in WP(MD). 14668/ 2016 1 THE STATE OF TAMILNADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION, FORT ST. GEORGE, CHENNAI-9. 2 THE DIRECTOR OF SCHOOL EDUCATION(SECONDARY), COLLEGE RD, CHENNAI-6.

3 THE CHIEF EDUCATIONAL OFFICER KANYAKUMARI, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY, KANYAKUMARI DISTRICT ... Respondents in WP(MD). 14668/ 2016

Prayer in WP(MD). 14668/ 2016 :

Mandamus, directing the 4th respondent to approve the appointment of Mr.S.Sunil Raj as Junior Asst in the petitioner school w.e.f. 01.03.2016 (f.N) with all consequential monetary benefits and arrears of salary as per proposal submitted by the school dated 27.07.2016.

R.V.THEVAR MEMORIAL GIRLS HIGH SCHOOL, CHOLAPURAM, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT, BY ITS SECRETARY, V.RAMAR ... Petitioner in WP(MD). 12940/ 2016 1 THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION (SECONDARY) COLLEGE ROAD, CHENNAI 6 3 THE DISTRICT EDUCATIONAL OFFICER, SHRIVILIPUTHUR, VIRUDHUNAGAR DIST ... Respondents in WP(MD). 12940/ 2016 Prayer in WP(MD). 12940/ 2016 :

Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus to call for entire records connected with the impugned order passed by the 3rd respondent O.Mu.No.870/A4/2016 dated 02.06.2016 and quash the same and directing the 3rd respondent to approve the appointment of C.Arockiya Mani as Night Watchman (Full Time) in the petitioner school namely R.V.Thevar Memorial Girls High School, Cholapuram, Rajapalayam, Virudhunagar Dist with all consequential monetary benefits and salary with effect from 01.03.2016.

BALIAH MARTHANDAM HR.SEC. SCHOOL, AVARAIKULAM- 627133, RADHAPURAM TALUK, TIRUNELVELI DISTRICT.

REP. BY ITS SECRETARY, M.GANESAN.

... Petitioner in WP(MD). 12869/ 2016 1 THE SECRETARY TO THE GOVT., DEPARTMENT OF SCHOOL EDUCATION, FORT. ST. GEORGE, CHENNAI-9 2 THE DIRECTOR OF SCHOOL EDUCATION(SECONDARY), COLLEGE ROAD, CHENNAI- 6.

3 THE DISTRICT EDUCATIONAL OFFICER, CHERANMADEVI EDUCATIONAL DISTRICT, TIRUNELVELI- 1. ... Respondents in WP(MD). 12869/ 2016

Prayer in WP(MD). 12869/ 2016 :

Mandamus, directing the 3rd respondent to pass appropriate order to approve the appointment of one T.Rakesh King as Junior Assistant with effect from 20.04.2016 F.N in the petitioners school namely Baliah Marthandam Higher Secondary School, Avaraikulam- 627 133, Radhapuram Taluk, Tirunelveli District with all consequential monetary benefits and salary by considering proposal made by the petitioner dated 20.04.2016 without insisting G.O.Ms.No. 115 dated 30.05.2007 and G.O.Ms.No. 203 dated 23.07.2010 issued by the 1st respondent.

T.R.C. VARADHARAJAN S/O. T.R.CHANDRASEKARAN NO.30 PAPPANKINARU LANE, MADURAI 1.

... Petitioner in WP(MD). 16974/ 2015 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, CHENNAI 600 009. 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 600 006. 3 THE DISTRICT EDUCATIONAL OFFICER, MADURAI. 4 THE CORRESPONDENT, SOURASHTRA HIGHER SECONDARY SCHOOL, NO.110 KAMARAJAR SALAI, MADURAI 625 009.

... Respondents in WP(MD). 16974/ 2015 Prayer in WP(MD). 16974/ 2015 :

Constitution of India, pleased to issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned rejection order in Na.Ka.No.5905/A1/2014, dated 04.08.2015 issued by the 3rd respondent and quash the same and consequently direct the 3rd respondent herein grant approval for the appointment of the petitioner as gardener in Sourashtra Higher Secondary School, Madurai with all monetary benefits w.e.f. 10.03.2005 i.e. from the date of appointment in the light of Judgment rendered by this Honble Court.

S.SUNDARRAJ S/O.Y.SELVA MONY, KANDANCHARI VILAI, KULASEKARAN P.O 629 161, KANYAKUMARI DISTRICT ... Petitioner in WP(MD). 15026/ 2016 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 3 THE CHIEF EDUCATIONAL OFFICER NAGERCOL, KANYAKUMARI DIST 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY, KANYAKUMARI DIST 5 ARUNACHALAM HIGHER SECONDARY SCHOOL, REP.BY ITS CORRESPONDENT, THIRUVATTAR 629 177, KANYAKUMARI DIST ... Respondents in WP(MD). 15026/ 2016

Prayer in WP(MD). 15026/ 2016 :

Certiorarified Mandamus calling for the records on the files of the 4th respondent pertaining to its order bearing Oo.Mu.No.352/A3/2016 dated 01.02.2016 and quash the same and consequently direct the respondents to regularize the service of the petitioner as Night Watchman with effect from 18.08.2015 by considering the proposal resubmitted by the 5th respondent on 29.07.2016 and to disburse all the monetary benefits consequent to the same. S.VANAJA, W/O. S.PAULRAJ, MANIAN KOTTAI, NESARAPURAM, PALLIADI PO629 169. KANYAKUMARI DISTRICT. ... Petitioner in WP(MD). 15027/ 2016 1 THE STATE OF TAMILNADU REP. BY ITS SEC. TO GOVT., SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI-9. 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI. 3 THE CHIEF EDUCATIONAL OFFICER NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT.

5 SCOTT CHRISTIAN HR. SEC. SCHOOL, NAGERCOIL, REP. BY ITS CORRESPONDENT, KANYAKUMARI DISTRICT. ... Respondents in WP(MD). 15027/ 2016 Prayer in WP(MD). 15027/ 2016 :

Certiorarified Mandamus, to call for the records on the files of the 4th respondent pertaining to its order bearing OO.Mu.No. 2636/A2/2016 dated 24.06.2016 and quash the same and consequently direct the respondent to regularize the service of the petitioner as Office Assistant with effect from 19.11.2014 by considering the proposal resubmitted by the 5th respondent on 29.07.2016 and to grant service benefits and disburse all the monetary benefits consequent to the same.

ST.ANTONYS HIGHER SECONDARY SCHOOL, REP. BY ITS CORRESPONDENT, EN.PUTHENDHURAI - 629 193, KANYAKUMARI DISTRICT. ... Petitioner in WP(MD). 15028/ 2016 1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI - 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI. 3 THE CHIEF EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI, KANYAKUMARI DISTRICT.

... Respondents in WP(MD). 15028/ 2016

Prayer in WP(MD). 15028/ 2016 :

Mandamus directing the 4th respondent to regularize the service of one Sr.A.Jaculin Mary as Record Clerk with effect from 01.10.2012 by considering the proposal submitted by the petitioner dated 03.01.2013 and the reminder dated 01.08.2016 and to disburse all the monetary benefits consequent to the same.

ST.ANTONYS HIGHER SECONDARY SCHOOL, REP. BY ITS CORRESPONDENT, EN.PUTHENDHURAI 629 193, KANYAKUMARI DISTRICT ... Petitioner in WP(MD). 15029/ 2016 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 3 THE CHIEF EDUCATIONAL OFFICER NAGERCOL, KANYAKUMARI DIST 4 THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI, KANYAKUMARI DIST ... Respondents in WP(MD). 15029/ 2016 Prayer in WP(MD). 15029/ 2016 :

Certiorarified Mandamus calling for the records on the files of the 4th respondent pertaining to its order bearing Aa.Thi.Moo.No.4928/A3/13 dated 07.08.2013 and quash the same and consequently direct the 4th respondent to regularize the service of the K.Darwin Raj as Watchman in the petitioner school with effect from 01.06.2009 by considering the proposal resubmitted by the petitioner dated 02.08.2013 and to disburse all the monetary benefits consequent to the same.

THE CORRESPONDENT ST.JOSEPHS M.S.C.HIGHER SECONDARY SCHOOL, CHELLAMKONAM, KAPPIYARAI, KANYAKUMARI DIST 629 156 ... Petitioner) in WP(MD). 15041/ 2016 and 15042/2016 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, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY 629 175, KANYAKUMARI DISTRICT.

... Respondents in WP(MD). 15041 & 15042/ 2016 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, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY 629 175, KANYAKUMARI DISTRICT.

... Respondents in WP(MD). 15042/ 2016

Prayer in WP(MD). 15041/ 2016 :

Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide O.Mu.No.2731/A2/2016 dated 00.08.2016, quash the same and further direct the 4th respondent District Educational officer herein to approve forthwith the appointment of P.Mohana Dhas as Junior Assistant in the petitioners school w.e.f. 01.02.2016 with all attendant benefits including the arrears of salary and allowance.

Prayer in WP(MD). 15042/ 2016 :

Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide O.Mu.No.2779/A2/2016 dated 00.08.2016, quash the same and further direct the 4th respondent District Educational officer herein to approve forthwith the appointment of C. Justin Raj as Watchman in the petitioners school w.e.f. 18.09.2015 with all attendant benefits including the arrears of salary and allowance. THE CORRESPONDENT, ST.EPHREMS M.S.C. HIGHER SECONDARY SCHOOL, SOORIACODE - 629 190, KANYAKUMARI DISTRICT.

... Petitioner in WP(MD). 15043/ 2016 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, NAGERCOIL, KANYAKUMARI DISTRICT. 4 THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI - 629 163, KANYAKUMARI DISTRICT.

... Respondents in WP(MD). 15043/ 2016 Prayer in WP(MD). 15043/ 2016 :

Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Education Officer vide O.Mu.No.4002/A2/(e1)/2015 dated 25.08.2015, quash the same and further direct the 4th respondent District Educational Officer herein to approve forthwith the petitioners school w.e.f. 19.06.2013 with all attendant benefits including the arrears of salary and allowance.

S.JOHN EBANEZAR RECORD CLERK, L.M.S. HIGHER SECONDARY SCHOOL, SOUTH THAMARAIKULAM, KANYAKUMARI DIST 629 708 ... Petitioner in WP(MD). 15076/ 2016

1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT ST. GEORGE, CHENNAI - 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI - 6 3 THE CHIEF EDUCATIONAL OFFICER, O/O. THE CHIEF EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT.

4 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT.

5 THE CORRESPONDENT, L.M.S. HIGHER SECONDARY SCHOOL, SOUTH THAMARAIKULAM, KANYAKUMARI DISTRICT - 629 708 ... Respondents in WP(MD). 15076/ 2016 Prayer in WP(MD). 15076/ 2016 :

Certiorarified Mandamus to call for the records pertaining to the impugned communication in A.Thi.Mu.No.2278/Aa4/15, dated 25.06.2015 on the file of the Respondent No.4 and quash the same as illegal and consequently to direct the 4th Respondent to approve the appoint of the petitioner as Record Clerk in the 5th Respondent school with effect from the date of appointment on 26.02.2015 with all attendant benefits within a stipulated time that may be prescribed by this Honble Court.

MR.D.ARUL PONMOZHI, OFFICE ASSISTANT, CONCORDIA HIGH SCHOOL, NESAMONY NAGAR, NAGERCOIL, KANYAKUMARI DISTRICT- 629 001. ... Petitioner in WP(MD). 15077/ 2016 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT ST. GEORGE, CHENNAI-9.

2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI-6.

3 THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMAR DISTRICT.

4 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMAR DISTRICT.

5 THE CORRESPONDENT CONCORDIA HIGH SCHOOL, NESAMONY NAGAR, NAGERCOIL, KANYAKUMARI DISTRICT- 629 001. ... Respondents in WP(MD). 15077/ 2016 Prayer in WP(MD). 15077/ 2016 :

Certiorarified Mandamus, to call for the records pertaining to the

impugned Communication in O.Mu.NO.2048/Aa1/2012, dated 29.03.2012 on the file of the respondent NO. 4 and quash the same as illegal and consequently to direct the 4th respondent to approve the appoint of the petitioner as Office Assistant in the 5th respondent school with effect from the date of appointment on 01.02.2013 with all attendant benefits within a stipulated time that may be prescribed by this Honble Court.

MR.P.MUTHUKUMAR, RECORD CLERK, CONCORDIA HIGH SCHOOL, NESAMONY NAGAR, NAGERCOIL, KANYAKUMARI DISTRICT - 629 001 ... Petitioner in WP(MD). 15078/ 2016 1 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT ST. GEORGE, CHENNAI - 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI - 6 3 THE CHIEF EDUCATIONAL OFFICER, O/O. THE CHIEF EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT.

4 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICER, NAGERCOIL, KANYAKUMARI DISTRICT.

5 THE CORRESPONDENT, CONCORDIA HIGH SCHOOL, NESAMONY NAGAR, NAGERCOIL, KANYAKUMARI DISTRICT - 629 001 ... Respondents in WP(MD). 15078/ 2016 Prayer in WP(MD). 15078/ 2016 :

Certiorarified Mandamus to call for the records pertaining to the impugned communication in O.Mu.No.07576/Aa1/2013, dated 23.06.2014 on the file of the Respondent No.4 and quash the same as illegal and consequently to direct the 4th Respondent to approve the appoint of the petitioner as Record Clerk in the 5th Respondent school with effect from the date of appointment on 01.02.2013 with all attendant benefits within a stipulated time that may be prescribed by this Honble Court.

THIRUVADUTHURAI ADHEENAM HIGHER SECONDARY SCHOOL, THROUGH ITS CORRESPONDENT, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT. ... Petitioner in WP(MD). 20572/ 2014 1 THE DIRECTOR OF SCHOOL EDUCATION, NUNGAMBAKKAM, CHENNAI - 6. 2 THE CHIEF EDUCATIONAL OFFICER, PANAGAL BUILDING, THANJAVUR. 3 THE DISTRICT EDUCATION OFFICER KUMBAKONAM. ... Respondents in WP(MD). 20572/ 2014

Prayer in WP(MD). 20572/ 2014 :

Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records Oo.Mu. No. 3545/A3/2014 dated 17.10.2014 on the file of the 3rd Respondent and quash the same as illegal, ultravires and against the principles of natural justice and direct the 3rd Respondent to get approval for the office assistant N. Arun from 1st Respondent within time frame fixed by this Honourable Court.

THE CONGREGATION OF THE IIMMACULATE HEART OF MARY PROVINCIALATE, SACRED HEARD HR.SEC.SCHOOL, MICHAELPATTY, REP. BY ITS CORRESPONDENT, THIRUKATTUPALLI (VIA) THANJAVUR DIST.

... Petitioner in WP(MD). 19522/ 2014 1 THE DIRECTOR OF SCHOOL EDUCATION, SECONDARY EDUCATION, COLLEGE ROAD, CHENNAI 6 2 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, THANJAVUR, SIVAGANGAI GARDEN, THANJAVUR, THANJAVUR DIST. ... Respondents in WP(MD). 19522/ 2014 Prayer in WP(MD). 19522/ 2014 :

Certiorarified Mandamus, calling for all records relating tothe impugned order of the 2nd respondent made in O.MU.NO. 5274/A4/2014 dated 03.09.2014 and quash the same and direct the 2nd respondent to approve the appoint of Sr. P. Santhakumari made in the approved and sanctioned post in the Sacred Heart Higher Secondary School, Michaealpatty, Thanjavur District from the date of her appointment i.e., 01.05.2012 with all emoluments benefits and salary and pass such further or other orders.

1 THE T.D.T.A. HIGHER SECONDARY SCHOOL, CHRISTIANNAGARAM, REP. BY ITS CORRESPONDENT, TUTICORIN DISTRICT. 2 I.VIJAYAN KOILDASS FRANKLIN ... Petitioners in WP(MD). 20177/ 2014 1 THE DIRECTOR OF SCHOOL EDUCATION, (SECONDARY EDUCATION), COLLEGE ROAD, CHENNAI - 6.

2 THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDL OFFICE, S.V. HIGHER SECONDARY CAMPUS, TUTICORIN.

... Respondents in WP(MD). 20177/ 2014 Prayer in WP(MD). 20177/ 2014 :

Mandamus, direct the 2nd respondent to approve the appointment of the 2nd petitioner I. Vijayan Koildass Franklin, made in the approved and sanctioned post in the T.D.T.A. Higher Secondary School, Christiannagaram, Udangudi, Tuticorin District, from the

date of appointment i.e. 08.03.2013 with all emoluments benefits and salary.

J.VASANTHA LEELA, SWEEPER, L.M.S. HIGHER SECONDARY SCHOOL, MATHICODE, VILAVANCODE, KANYAKUMARI DISTRICT.

... Petitioner in WP(MD). 13851/ 2016 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, DPI CAMPUS, CHENNAI.

3 THE CHIEF EDUCATIONAL OFFICER KANYAKUMARI, KANYAKUMARI DISTRICT.

4 THE DISTRICT EDUCATIONAL OFFICER, KULITHURAI, KANYAKUMARI DISTRICT.

5 THE CORRESPONDENT, L.M.S. HIGHER SECONDARY SCHOOL, MATHICODE, VILAVANCODE, KANYAKUMARI DISTRICT. ... Respondents in WP(MD). 13851/ 2016 Prayer in WP(MD). 13851/ 2016 :

Certiorarified Mandamus to call for the records pertaining to the order passed by the 4th respondent in his proceedings in Na.Ka.No.732 A2/2011 dated 9.12.2011 and quash the same and consequently direct the respondents 1 to 4 herein to approve the appointment of the petitioner as sweeper in the 5th respondent school from the date of appointment on 27.1.2011 with all consequential attendant benefits including arrears of salary with interest, within a time frame to by this Honourable Court. R.VANISHREE JUNIOR ASSISTANT, ST.JAMES HIGHER SECONDARY SCHOOL, PALAKURICHI, TRICHY DISTRICT ... Petitioner in WP(MD). 14661/ 2016 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI 2 THE DIRECTOR OF SCHOOL EDUCATION, O/O. THE DIRECTOR OF SCHOOL EDUCATION, D.P.I COMPLEX, CHENNAI 3 THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATIONAL OFFICE, TRICHY, TRICHY DIST 4 THE CORRESPONDENT ST.JAMES HIGHER SECONDARY SCHOOL, PALAKURICHI, TRICHY DISTRICT ... Respondents in WP(MD). 14661/ 2016 Prayer in WP(MD). 14661/ 2016 :

Certiorarified Mandamus calling for the records relating to the impugned order issued by the 3rd respondent in his proceedings

No.O.Mu.No.2616/2015/Aa2 dated 20.08.2015 and quash the same as illegal and consequentially to direct the 3rd respondent to approve the appointment of the petitioner as Junior Assistant w.e.f. 02.03.2015 and pay arrears of salary with all consequential benefits arising thereon.

ST.ANTONYS HIGHER SECONDARY SHCOOL, REP. BY ITS CORRESPONDENT, EN.PUTHENDHURAI 629 193, KANYAKUMARI DISTRICT ... Petitioner in WP(MD). 15044/ 2016 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 3 THE CHIEF EDUCATIONAL OFFICER NAGERCOIL, KANYAKUMARI DIST 4 THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI, KANYAKUMARI DIST ... Respondents in WP(MD). 15044/ 2016 Prayer in WP(MD). 15044/ 2016 :

Certiorarified Mandamus to call for the records on the files of the 4th respondent pertaining to its order bearing Aa.Thi.Moo.No.11007/A3/10 dated 06.06.2010 and to quash the same and consequently direct the 4th respondent to regularize the service of S.Magi Aura Angel as Office Assistant in the petitioner school with effect from 01.06.2010 by considering the proposal submitted by the petitioner dated 01.06.2010 and to disburse all the monetary benefits consequent to the same.

For Petitioner: Mr.K.Ragatheesh Kumar in WP.(MD).No.14115 to 14119/16 in WP.(MD).No.15041 to 15043/16 in WP.(MD).No.10286/16 in WP.(MD).No.8666/16 in WP.(MD).No.9921/16 For Petitioner: Mr.T.Cibi Chakraborthy, in WP.(MD).No.14363/16 in WP.(MD).Nos.9880 to 9882/16 in WP.(MD).No.15041 to 15043/16 For Petitioner: MR.S.Manikandan, in WP.(MD).No.14484 to 14487/16 in WP.(MD).No.14646 & 14668/16 For Petitioner: Mr.S.C.Herold Singh, in WP.(MD).No.14491/16 in WP.(MD).No.14188/16 in WP.(MD).No.15026 to 15029/16 in WP.(MD).No.15044/16

For Petitioner: Mr.K.K.Kannan, in WP.(MD).No.12940/16 in WP.(MD).No.12869/16 For Petitioner: Mr.AL.Kannan, in WP.(MD).No.16974/15 For Petitioner: Mr.T.Lajapathi Roy, in WP.(MD).No.15076 to 15078/16 For Petitioner: Mr.G.Sankaran in WP.(MD).No.20572/14 For Petitioner: Mr.M.Joseph Thatheus Jerome in WP.(MD).No.19522/14 in WP.(MD).NO.20177/14 For Petitioner: Mr.T.Ponramkumar in WP.(MD).No.13851/16 For Petitioner: M/s.Ajmal Associates, in WP.(MD).No.14661/16 For Respondents:Mr.V.R.Shanmuganathan Special Government Pleader in WP.(MD).No.14115 to 14119/16 R1 to R4 in WP.(MD).No.14363/16 for R1 to R3 in WP.(MD).No.8666/16 for R1 to R3 in WP.(MD).Nos.9880 to 9882/16 for R1 to R3 in WP.(MD).No.9921/16 for R1 to R3 in WP.(MD).No.10286/16 for R1 to R3 in WP.(MD).No.14484 to 14487/16 for R1 to R4 in WP.(MD).NO.14491/16 for R1 to R4 in WP.(MD).No.

14188/16 for R1 to R4 in WP.(MD).No.14646/16 for R1 to R4 in WP.(MD).No.14668/16 for R1 to R4 in WP.(MD).No.12940/16 for R1 to R3 in WP.(MD).No.12869/16 for R1 to R3 in WP.(MD).No.16974/15 for R1 to R3 in WP.(MD).No.15026 to 15029/16 for R1 to R4 in WP.(MD).No.15041 to 15043/16 for R1 to R4 in WP.(MD).No.15077 & 15078/16 for R1 & R4 in WP.(MD).No.20572/14 for R1 to R3 in WP.(MD).No.19522/14 for R1 & R2 in WP.(MD).NO.20177/14 for R1 & R2 in WP.(MD).No.

in WP.(MD).No.14661/16 for R1 to R3 in WP.(MD).No.15044/16 for R1 to R4 COMMON ORDER Challenging either the rejection/return of proposals of the respective minority schools, seeking to approve the appointments made by them for the Non Teaching Posts as against the sanctioned vacancies or seeking a direction to the official respondents to grant approval for the appointments made by such minority schools, these writ petitions have been filed. Approval has been rejected on the ground that prior permission should be obtained before filling up any vacancy in a sanctioned Post.

2.With regard to the legal position in respect of minority institutions, whether prior permission should be obtained before filling up any vacancy in a sanctioned Post, the Honourable Division Bench of this Court even three years ago, in P.Ravichandran v. State of Tamil Nadu and others reported in (2013) 7 MLJ 641, has settled the issue. It is relevant to extract paragraph Nos.17 and 20 of the above said judgment:-

17. A Division Bench of Madurai Bench of this Court in W.A(MD)No.462 of 2006, judgment, dated 01.12.2006, considered the scope of Rule 11(1) of the Tamil Nadu Private Colleges(Regulation) Rules, 1976 relying upon the earlier order passed on 13.08.2006, and held that for filling up an existing post in a Private Aided College, no prior approval is necessary as any such appointment shall be subsequently approved by the Department, and at that point of time the Department would have an opportunity to consider the availability of such post and rejection of approval on the ground that no prior approval was obtained before appointment, was set aside. Same is the view taken in the following orders of this Court .

(i) W.P.No.30618 of 2005, order dated 21.09.2005; (ii) W.P.No.28396 of 2004, order dated 29.03.2006; (iii) W.A.Nos.92 & 93 of 2008, judgment dated 06.01.2010;

(iv)W.P(MD)No.174 of 2009, order dated 27.04.2010; (v) W.A.Nos.140, 811/2006 & 805/2007, judgment dt. 21.10.2010;

(vi)W.A.No.2858 of 2010, judgment dated 21.03.2011;

(vii) W.A(MD)Nos.1088 of 2011, judgment dated 19.10.2011;

(viii) W.A.Nos.2345 of 2011, judgment dated 05.03.2012;

(ix) Dr.S.Sukumaran v. State of Tamil Nadu, (2012) 5 MLJ 670 rendered by one of us (NPVJ); and

(x) W.A.No.474 of 2013, judgment dated 03.04.2013. Thus, the issue regarding seeking prior permission for filling up the vacant post in aided College within the academic year was already settled in series of decisions and all the above said orders are implemented by the respondents 1 and 2. In such circumstances, it is not open to the respondents to again and again contend that only after getting prior permission from the Director of Collegiate Education, vacant sanctioned posts can be filled up by the management.

.....

20. In the light of the above findings as well as the decisions, we conclude this judgment in the following manner:

(1) There is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges(Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1) of the Rules.

(2) If the appointment made by the College Committee in the sanctioned vacant post is in violation of any of the statutory provision, it is open to the Regional Joint Director of Collegiate Education to deny grant-in-aid to the said person appointed in the vacant post.

(3) The teaching staff appointed must be fully qualified, whose qualification is approved by the University to which the college is affiliated. Insofar as the non-teaching staff are concerned, the candidate must possess the qualification prescribed by the Government.

(4) The College Committee while filling up the vacant post, should follow the procedures stated in Rule 11(1A) to 11(4)(ii).

(5) If there is no rival candidate for any post, the appointment is bound to be approved for the purpose of payment of pay and allowances, by the Regional Joint Director of Collegiate Education. The writ appeal is disposed of with the above directions. No Costs.

3.A cursory reading of the aforementioned Honourable Division Bench judgment in (2013) 7 MLJ 641, clearly shows that the issue

raised in the present Writ Petitions, is no longer res integra, because the Honourable Division Bench of this court in the aforementioned judgment has also made it clear that there is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges(Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1) of the Rules.

4. Therefore, the issues raised in the present Writ Petitions having been settled by this Court, I have no hesitation to accept the prayer made by the petitioners.

5. In the result, (i) All the Writ Petitions are allowed.

(ii) The impugned orders are set aside.

(iii) The respective respondents are directed to approve the appointments of non-teaching staff in the Private Aided Schools in these cases and to sanction grant, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, Connected Miscellaneous Petitions are closed. sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To

1. THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI 600 009

2. THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI 600 009

3. THE CHIEF EDUCATIONAL OFFICER, SIVAGANGAI, SIVAGANGAI DIST

4. THE DISTRICT EDUCATIONAL OFFICER, DEVAKOTTAI, SIVAGANGAI DISTRICT

5. THE CHIEF EDUCATIONAL OFFICER NAGERCOIL, KANYAKUMARI DISTRICT

6. THE DISTRICT EDUCATIONAL OFFICER, THUCKALAI EDUCATIONAL DISTRICT, THUCKALAI, KANYAKUMARI DISTRICT

7. THE CHIEF EDUCATIONAL OFFICER MADURAI, MADURAI DISTRICT

8. THE DISTRICT EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT

9. THE DISTRICT EDUCATIONAL OFFICER, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT

10. THE DISTRICT EDUCATIONAL OFFICER, CHERANMADEVI EDUCATIONAL DISTRICT, TIRUNELVELI-1

11. THE CHIEF EDUCATIONAL OFFICER PANAGAL BUILDING, THANJAVUR

12. THE DISTRICT EDUCATIONAL OFFICER, KUMBAKONAM

13. THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, THANJAVUR, SIVAGANGAI GARDEN, THANJAVUR

14. THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICER, S.V. HIGHER SECONDARY CAMPUS, TUTICORIN

15. THE DISTRICT EDUCATIONAL OFFICER, O/O.THE DISTRICT EDUCATIONAL OFFICE, TRICHY, TRICHY DISTRICT

16. THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI, KANYAKUMARI DISTRICT

17. THE CHIEF EDUCATIONAL OFFICER, KANYAKUMARI

18. THE DIRECTOR OF SCHOOL EDUCATION (SECONDARY) COLLEGE ROAD, CHENNAI-6.

+1cc to M/s.Ajmal Associates, SR.No.46259 +7cc to Mr.S.C.Herold Singh, Advocate SR.Nos.45885,45884, 45886,45889,45888,45887,45890 +6cc to Mr.S.Manikandan, Advocate SR.NO.46004,46005,46006,46007 46003,46002 +3cc to Mr.T.Cibi Chakraborthy, Advocate SR.No.46101 +2cc to Mr.K.K.Kannan, Advocate SR.Nos.45861, 45862

+1cc to Mr.AL.Kannan, Advocate SR.No.46001 +3cc to Mr.T.Lajapathi Roy Advocate SR.Nos.46415, 46417, 46416 +1cc to Mr.G.Sankaran Advocate SR.No.46436 +2cc to Mr.M.Joseph Thathens Jerome, Advocate SR.No.46464, 46465 +1cc to Mr.T.Ponramkumar, Advocate SR.No.45946 +1cc to special Government Pleader SR.No.46195 nbi sm:07/10/2016:24P/47C W.P(MD)Nos.14115 to 14119, 14363, 8666, 9880 to 9882, 9921, 10286, 14484 to 14487, 14491, 14188, 14646, 14668, 12940, 12869, 15026 to 15029, 15041 to 15044 and 15076 to 15078 of 2016, 20572, 19522 and 20177 of 2014, 13851 and 14661 of 2016, 17835, 17916 to 17922 of 2015 and 2093 of 2016 and 16974 of 2015 and WMP.(MD).Nos.10468 to 10477/2016, 10646 to 10647/2016, 6929 & 6930/2016, 7805 to 7810/2016,7828 to 7829/2016, 8034 to 8035/2016, 10739/16, 10530/16, 11075/16, 11076/16, 11077/16, 11083 to 11088/2016, 11089/2016, 11108 to 11112/2016, 10318/16, 10881, 10882/2016 and MP.(MD).No. 1 of 2015 and MP.(MD).NOs.1 & 2 of 2014 and MP.(MD).No.1 of 2014 19.08.2016