Madras High CourtWA(MD)/1510/2024dismissed

The State Of Tamil Nadu v. The Correspondent

2024-09-03Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.11737 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, Sivagangai, Sivagangai District.

4.The District Educational Officer, (Secondary Education), Devakottai, Sivagangai District. ... Appellants/Respondents -vsThe Correspondent, De Britto Higher Secondary School Devakottai - 630 303, Sivagangai District. ... Respondent/Writ Petitioner PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 20.12.2023 made in W.P(MD)No.29868 of 2023. For Appellants :

Mr.S.P.Maharajan, Special Government Pleader

For Respondent : Ms.Ruby Mash for M/s.Isaac Chambers

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Aggrieved by the order of the Writ Court, dated 20.12.2023 made in W.P(MD)No.29868 of 023, the State is on appeal.

2. Challenge is to the order directing approval of appointment of one Thiru.A.Vijayakumar as B.T.Assistant (History) with effect from 01.08.2019 in the respondent school. The said Vijayakumar was appointed as B.T. Assistant (History) in a vacancy that occurred due to the promotion of the incumbent as a Post Graduate Teacher. The authorities refused to grant approval on the ground that G.O.(Ms)No.165, School Education (tho.Ka. 2(1)) Department, dated 17.09.2019, prohibits approval of appointments in aided schools till the surplus teachers are exhausted.

3. Admittedly, the respondent school is a stand-alone minority institution. This Court had repeatedly held that process of deployment of surplus teachers would not prevent a minority institution from appointing teachers if there are no surplus teachers in that institution. All that the Writ Court done is to direct the Department to follow the said dictum and to grant approval, if the subject post comes within the staff fixation for the relevant academic year 2019-2020. It will also be open to the Department to check whether the incumbent possessed the necessary qualification. We

therefore do not see any ground to interfere with the order of the writ court.

3. 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.] 03.09.2024 NCC :Yes/No Index :Yes/No Internet:Yes PM To:

1.The Secretary, State of Tamil Nadu, 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, Sivagangai, Sivagangai District.

4.The District Educational Officer, (Secondary Education), Devakottai, Sivagangai District.

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI , J.

pm 03.09.2024