Princy Evangeline. Y v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and WMP(MD)Nos. 12785 & 20610 of 2023 Y.Princy Evangeline .. 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, DPI Complex, College Road, Chennai-600 009.
3. The Chief Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
4.The District Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
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5. The Administrator, The Tamil Evangelical Lutheran Church (TELC), P.B.No.86, Tranquebar House, Trichy-620 001.
6. The Correspondent, TELC Girls Higher Secondary School, Usilampatti, Madurai-625 532.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent herein to approve the appointment of the petitioner as BT Assistant in Social Science in the 6th respondent School and disburse grant-in-aid towards the petitioner's salary.
For Petitioner : Mr.Niranjan S Kumar For Respondents : Mr.T.Amjadkhan Government Advocate for R1 to R4
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the 4th respondent herein to approve the appointment of the petitioner as BT Assistant (Social Science) in the 6th 2/7
respondent School and disburse grant-in-aid towards the petitioner's salary.
2. Heard Mr.Niranjan S Kumar, learned counsel for the petitioner and Mr.T.Amjadkhan, learned Government Advocate for the respondents 1 to 4.
3. The 6th respondent school is one among the numerous recognized educational institutions owned and administered by the Tamil Evangelical Lutheran Church(TELC) and a Judge Administrator was appointed in the year 2022. The petitioner was appointed as BT Assistant (Social Science) on 05.09.2019 in the 6th respondent School in the vacancy arose due to the transfer of one Punitha Kumari, who was working in the said post. The appointment was made by the 5th respondent/Judge Administrator of TELC and the said post is a sanctioned post. When the proposal for appointment was sent by the 6th respondent school, the same was returned with certain remarks. So far, the same has not been considered by the respondents. 3/7
4. Mr.T.Amjadkhan, learned Government Advocate for the respondents 1 to 4 submitted that the proposal sent for the approval of appointment of one Princy Evangeline in the place of one Punitha Kumari has been returned for compliance of certain remarks.
5. However, the learned counsel for the petitioner submitted that the 4th respondent had returned the proposal in the light of the G.O.Ms.No.165 School Education [Tho.Ka.2(1)] Department, dated 17.09.2019 stating that no new appointment can be made without deploying the surplus teachers to the needy places as per the above mentioned Government Order. But the appointment was made on 05.09.2019 in the sanctioned vacant post, that too, prior to the issuance of the above said Government Order. Hence, the proposal would be resubmitted by the 6th respondent. In such case the same ought to be considered. Further G.O.Ms.No.165, School Education [Tho.Ka.2(1)] Department, dated 17.09.2019 itself become inoperative in view of the judgment passed in W.A(MD)No.76 of 2019 etc., batch dated 31.03.2021 in the case of The Secretary to Government Government of 4/7
Tamil Nadu School Education Department, Fort St.George, Chennai - 9 vs. Iruthaya Amali.
6. In view of the above observation, the 6th respondent is at liberty to resubmit the proposal along with the clarification note within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the 4th respondent shall consider and pass orders on merits in accordance with law within a period of four weeks thereafter.
7. With the above directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. 19.06.2024 NCC :yes/no Index :yes/no Internet: yes/no PJL To 1.The Secretary, State of Tamil Nadu, Department of School Education, 5/7
Fort St. George, Chennai-600 009.
2. The Director of School Education, DPI Complex, College Road, Chennai-600 009.
3. The Chief Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
4.The District Educational Officer, District Educational Office, Tallakulam, Madurai-625 002.
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R.N.MANJULA, J.
PJL and WMP(MD)Nos.12785 & 20610 of 2023 19.06.2024 7/7