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Madras High CourtWA(MD)/2157/2024dismissed

The Secretary To Government v. Arulanthu

2024-10-25Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.15178 of 2024 1.The Secretary to Government, Education Department, State of Tamil Nadu, St. Fort George, Chennai-9.

2.The Director of School Education, D.P.I.Compound, College Road, Chennai-6.

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

4.The District Educational Officer, Tirunelveli District, Tirunelveli ... Appellants / Respondents to 4 -vs1.Arulanthu ... 1st Respondent/ Writ Petitioner 2.The Correspondent, St. Xaviers Higher Secondary School, Palayamkottai, Tirunelveli District.

... 2nd respondent /5th respondent PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 19.09.2022 in W.P.(MD)No.9806 of 2019.

For Appellants :

Mr.S.P.Maharajan, Special Government Pleader For R-1 : Mr.I.Pinaygash

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Challenge is to the order directing approval of the appointment of the 1st respondent, namely, Arulanthu as a Junior Assistant at St. Xavier's Higher Secondary School, Palayamkottai. It is now stated that the appointment has since been approved. Be that as it may, this Court has repeatedly held that approval cannot be refused to posts which are sanctioned be it teaching or non teaching.

2. We are therefore, unable to fault the Writ Court for having directed approval. The fact that the approval has been granted on 09.09.2024 is also recorded. The writ appeal therefore fails, and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 25.10.2024 NCC :Yes/No Index :Yes/No Internet: Yes Sml

To 1.The Secretary to Government, Education Department, State of Tamil Nadu, St. Fort George, Chennai-9.

2.The Director of School Education, D.P.I.Compound, College Road, Chennai-6.

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

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

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 25.10.2024