Hindu Nadar Uravinmurai Committee v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.17644 of 2025 and W.M.P.(MD)No.13465 of 2025 Hindu Nadar Uravinmurai Committee Higher Secondary School, Through its Secretary /Correspondent, Ariyanayagipuram, Kadaiyanallur Taluk, Tenkasi District.

... Petitioner -vs1. The Director, School Education Department, DPI Campus, College Road, Chennai - 6.

2. The Joint Director (Higher Secondary), School Education Department DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer, Tenkasi, Tenkasi District.

4. The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the 3rd respondent herein in his proceedings in Na.Ka.No.2453/A2/2020 dated 17.03.2025 and quash the same as illegal and pass orders to convert Pre-Vocational instructor (Agriculture) into Pre - Vocational instructor (Sewing) forthwith in the light of the order dated 20.02.2018 in W.A.(MD)Nos. 22 and 23 of 2017 on the file of this Court and the order dated 26.09.2024 in SLP(C)Nos.22199 of 2019 etc., batch before Hon'ble Supreme Court.

For Petitioner : Mr.V.Meenakshisundaram For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition has been filed challenging the impugned proceedings dated 17.03.2025 passed by the third respondent refusing to approve the appointment and convert the Pre-Vocational Post of Agriculture Teacher to that of Pre Vocational Instructor (Sewing).

2. The petitioner is aggrieved by the impugned proceedings on account of the following:

(A). The respondents have erroneously treated the sanctioned post of 2/6

Pre-Vocational Instructor as surplus; and (B). The respondents have erroneously rejected the request of the petitioner school for approval by sanctioning the conversion of the PreVocational Post of Agriculture Teacher to that of Pre Vocational Instructor (Sewing).

3. According to the petitioner, the post of 'Pre Vocational Instructor (Sewing)' is equivalent to the post of 'Pre-Vocational Agriculture Teacher' and therefore, the conversion sought for by the petitioner as stated supra, ought to have been granted, but, erroneously, the same has been rejected under the impugned order.

4. The learned Additional Government Pleader appearing for the respondents, by disputing the contentions of the petitioner, would rely upon G.O.(Ms).No.39, School Education (D1) Department, dated 21.03.2003, to deny the relief sought for by the petitioner School.

5. G.O.(Ms).No.39, School Education (D1) Department, dated 21.03.2003, was the subject matter of interpretation by this Court as well as by the Hon'ble Supreme Court. The contentions raised by the respondents in 3/6

this Writ Petition were also the subject matter of consideration by this Court as well as by the Hon'ble Supreme Court. Finally, the Hon'ble Supreme Court, by its order dated 26.09.2024 in S.L.P.(C).Nos.22199 of 2019 etc., batch, dismissed the said Special Leave Petitions filed by the State aggrieved by the orders passed by the learned Single Judge of this Court as well as by the Division Bench of this Court, wherein, the order passed by the respondents refusing to sanction for converting the post of Pre-Vocational Instructor (Agriculture) to the post of Sewing Mistress was quashed and the conversion sought for by the respective petitioners was granted. A similar prayer is sought for by the petitioner in this Writ Petition.

6. Since the law is now well settled that the conversion of the post of 'Pre-Vocational Instructor (Agriculture)' to the post of 'Pre Vocational Instructor (Sewing)' is legally permissible, this Court is of the considered view that the impugned order passed by the third respondent will have to be quashed and this writ petition will have to be allowed.

8. Accordingly, the impugned order dated 17.03.2025 passed by the third respondent, refusing to convert the post of 'Pre-Vocational Instructor (Agriculture)' to the post of 'Pre Vocational Instructor (Sewing)' in the 4/6

petitioner school is hereby quashed and this writ petition is allowed by directing the third respondent to approve the appointment by sanctioning the conversion of the post of 'Pre-Vocational Instructor (Agriculture)' to the post of 'Pre Vocational Instructor (Sewing)' and disburse the salary with all other attendant benefits within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

01.07.2025 NCC : Yes/No Index : Yes / No 5/6

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Director, School Education Department, DPI Campus, College Road, Chennai - 6.

2. The Joint Director (Higher Secondary), School Education Department DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer, Tenkasi, Tenkasi District.

4. The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

Order made in W.P.(MD)No.17644 of 2025 Dated:

01.07.2025 6/6