Bala Vinayagar High School v. The Secretary To The

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Bala Vinayagar High School, Represented by its Secretary, S.Vallimayil ... Petitioner Vs.

1.The Secretary to the Government, Department of School Education, St.George Fort, Chennai.

2.The Director of School Education, DPI Compound, College Road, Chennai.

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

4.The District Educational Officer, Tenkasi, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent District Educational Officer in Na.Ka.No.1230/Aa2/2018 dated 17.04.2018 and quash the same and consequently direct the respondents to pass appropriate orders permitting the 1/6

conversion of the post of instructor in Weaving into instructor in sewing with all other consequential service and monetary benefits with effect from 01.06.2006 within the stipulated time.

For Petitioner : Mr.S.Chellapandian For R-1 to R-4 : Mr.T.Amjad Khan, Government Advocate

O R D E R

This Writ Petition has been filed challenging the impugned proceedings issued by the fourth respondent / District Educational Officer in Na.Ka.No. 1230/Aa2/2018 dated 17.04.2018 and consequently direct the respondents to pass appropriate orders permitting the conversion of the post of Instructor in Weaving into Instructor in Sewing with all other consequential service and monetary benefits with effect from 01.06.2006 within the stipulated time.

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

(A). The respondents have erroneously treated the sanctioned post of PreVocational Instructor as surplus; and 2/6

(B). The respondents have erroneously rejected the request of the petitioner School for sanctioning the conversion of the Pre-Vocational post of Weaving Instructor to that of Sewing Mistress and allow the petitioner School to fill up the post of Pre-Vocational Instructor (Sewing Mistress).

3. The petitioner School contends that the Sewing Mistress post is equivalent to Pre-Vocational post of Weaving Instructor 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 orders.

4. A counter affidavit has been filed by the respondents denying the contentions of the petitioner. They 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 this Writ Petition were also the subject matter of consideration by this Court as well 3/6

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 PreVocational Instructor (Weaving Instructor) post to the Sewing Mistress post is legally permissible, this Court is of the considered view that the impugned order passed by the fourth respondent will have to be quashed and this Writ Petition will have to be allowed.

7. Accordingly, the impugned order dated 17.04.2018, passed by the fourth respondent, refusing to grant prior permission to fill up the PreVocational Post by converting the same from Weaving Instructor to Sewing Mistress is hereby quashed and this Writ Petition is allowed by directing the 4/6

fourth respondent to sanction the conversion of the Pre-Vocational post of Weaving Instructor into that of Sewing Mistress and allow the petitioner School to fill the Pre-Vocational Instructor Post within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 17.10.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Secretary to the Government, Department of School Education, St.George Fort, Chennai.

2.The Director of School Education, DPI Compound, College Road, Chennai.

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

4.The District Educational Officer, Tenkasi, Tirunelveli District.

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ABDUL QUDDHOSE, J.

TSG 17.10.2024 6/6