The State Of Tamil Nadu v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.11540 of 2024 1.The State of Tamil Nadu, Represented 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, Ramanathapuram, Ramanathapuram District.

4.The District Educational Officer (Secondary Education), Ramanathapuram, Ramanathapuram District.

... Appellants -vsThe Correspondent, Pallivasal Higher Secondary School, Mudukulathur - 623 704, Ramanathapuram District.

... Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.31153 of 2023, dated

22.12.2023.

For Appellants : Mr.S.P.Maharajan, Special Government Pleader For Respondent : Mr.K.Ragatheesh Kumar M/s.Isaac Chamber

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Challenge in the Appeal is to the order of the Writ Court, directing the appellants to approve the appointment of one M.Shaik Mansoor, as BT Assistant (Tamil) in the respondent School.

2.The claim for approval was rejected on the ground that there was surplus Teachers in the Educational District. Admittedly, the respondent is a standalone minority institution and in the absence of any surplus Teacher in the said School, the approval cannot be rejected. 3.We have also taken a similar view in W.A.(MD)No.1445 of 2024. Hence, the Writ Appeal fails and it is accordingly, dismissed. No Costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 02.09.2024 NCC :Yes/No Index :Yes/No Internet: Yes Mrn

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn and C.M.P.(MD)No.11540 of 2024 02.09.2024