The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P(MD).No.15053 of 2025 The Correspondent, Holy Family Higher Secondary School, Mukkuttukal, Manjalumoodu Post, Kanniyakumari District-629 151.

... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 600009..

2. The Director of School Education, College Road, Chennai - 600009..

3. The Chief Educational Officer, Nagercoil, Kanyakumari District..

4. The District Educational Officer, Marthandam, Kanyakumari District..

... Respondents 1/6

PRAYER :- Writ Petition, 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 third respondent the Chief Educational Officer in Na.Ka.No. 1644/Aa4/2024 dated 12.04.2025, quash the same and further direct the respondents 3 and 4 to approve forthwith the appointment of Mrs.Kala B.T.Assistant (Science) (Malayalam Medium) in petitioner's school w.e.f the date of her appointment viz., 01.06.2019, with all attendant benefits including the arrears of salary and allowances. (*Prayer amended vide order dated 04.11.2025 made inW.M.P(MD)No.16427/2025 in W.P(MD)No.19596/2025) For Petitioner : T.Cibichakraborthy, For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

The petitioner has filed this Writ Petition challenging the impugned proceedings issued by the third respondent the Chief Educational Officer in Na.Ka.No.1644/Aa4/2024 dated 12.04.2025, quash the same and further direct the respondents 3 and 4 to approve forthwith the appointment of Mrs.Kala B.T.Assistant (Science) (Malayalam Medium) in petitioner's school w.e.f the date of her 2/6

appointment viz., 01.06.2019, with all attendant benefits including the arrears of salary and allowances.

2. The learned counsel for the petitioner would submit that the issue raised in the writ petition is covered by a judgment of the another Single Judge made in W.P.No.4735 of 2017 dated 15.04.2019 and he had circulated the aforesaid judgment.

3. Mrs.Kala had completed S.S.L.C in the State of Kerala, which was treated on par with the educational qualification of S.S.L.C in the State of Tamil Nadu. He would submit that what is required that the said Kala should have possessed a minimum educational qualification prescribed for the post.

4. A perusal of the judgment relied upon by the learned counsel for the petitioner would indicate that this Court had relied upon an earlier judgment as affirmed by the Hon'ble Division Bench and the Hon'ble Apex Court, in that regard, holding that such certificate issued by the State of Karnataka to be a valid certificate, by considering the petitioner therein had also completed further education on the certificate issued by the State of Karnataka.

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5. In the present case also, Mrs.Kala after completing her S.S.L.C had done her higher qualification in the State of Tamil Nadu and also been permitted to write a public examination. When that be so, when having treated a pass in SSLC and she had also obtained a Bachelor Degree of Arts from the University of Kerala and Master Degree and B.Ed., Degree in the University of Kerala.

6. In such view of the matter, I am of the view that the judgment relied upon by the petitioner is squarely applicable to the facts of the present case. Hence, this Writ Petition stands allowed and the respondents are directed to confirm the Mrs.Kala appointment as B.T.Assistant (Science) (Malayalam Medium) in the petitioner school with effect from her date of appointment i.e., 01.06.2019 with all consequential benefits being paid to her within a period of twelve weeks from the date of receipt of a copy of this order. No order as to costs. Consequently, connected Miscellaneous Petitions are closed. 04.11.2025 Internet: Yes/No Index:Yes/No NCC:Yes/No tta 4/6

TO

1. The Secretary, Department of School Education, Fort St. George, Chennai - 600009..

2. The Director of School Education, College Road, Chennai - 600009..

3. The Chief Educational Officer, Nagercoil, Kanyakumari District..

4. The District Educational Officer, Marthandam, Kanyakumari District..

5/6

K.KUMARESH BABU,J tta

ORDER

IN WP(MD) No.19596 of 2025 Date : 04/11/2025 6/6