The Chief Educational Officer v. S.S.Anitha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY & C.M.P.(MD)No.5926 of 2025 1.The Chief Educational Officer, Kanyakumari District.
2.The District Educational Officer, Nagercoil, Kanyakumari District.
... Appellants -Vs1.Anitha. S.S.
2.The Correspondent, L.M.S.Higher Secondary School, Jamestown, Kanyakumari District.
... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 02.09.2022 made in W.P.(MD)No.15783 of 2022 on the file of this Court.
For Appellants : Mr.J.Ashok, Additional Government Pleader For Respondents : Mr.E.V.N.Siva
JUDGMENT
[Judgment of the Court was delivered by S.SRIMATHY, J.] This Writ Appeal is directed against the order of this Court dated 02.09.202 made in W.P.(MD)No.15783 of 2022.
2.It is the case of the writ petitioner that one D.P.Vijila, who was working as P.G. Assistant (Tamil) in the 2nd respondent school died. In the said vacancy the writ petitioner was appointed on 01.12.2021 and the school had submitted a proposal to the 2nd appellant, seeking approval for the appointment of the writ petitioner. However, the same was rejected, vide proceedings dated 19.05.2022, citing the pendency of SLP(C)No.015702 of 2021. Therefore, the writ petitioner had filed the said Writ Petition.
3.The Writ Court, considering the judgment rendered in the case of Secretary to Government and others vs Iruthaya Amali and another reported in 2021 SCC Online Mad 1285, allowed the Writ Petition, directing the appellants to grant approval for the appointment of the writ petitioner. Aggrieved by the same the present Writ Appeal is preferred.
4.Heard the Learned Counsels appearing on either side and perused the materials available on record.
5.The contention of the writ petitioner is that the as per the aforesaid judgment in Iruthaya Amali's case for the purpose of fixing the staff strength of a school, the concerned school shall be the unit and not the educational agency / joint management / corporate management. In the present case, there is no surplus in the present school and also in the corporate management. However, the appellant submitted that there are surplus in the revenue district, hence, the appellants have rejected the approval.
6.It is seen as per 2024-2025, there are 105 surplus teachers in P.G. Assistant post in aided schools in entire Tamil Nadu and Chennai is not included in the said data. As far as P.G. Assistant (Tamil), there are 20 surplus teachers in P.G. Assistant (Tamil) post in aided schools in entire Tamil Nadu and Chennai is not included in the said data.
7.In the present case, the appointment is in P.G. Assistant (Tamil). In Kanyakumari Revenue District, the total P.G. Assistants (all subjects) surplus is 39 and surplus teachers in P.G. Assistant (Tamil) are 4. The said four surplus is only in the minority institutions alone and not in the non-minority institutions. The relevant data for Kanyakumari Revenue District is extracted hereunder:
2024-2025 PG EXCESS DETAILS khtl;lk; : fd;dpahFkhp Management category cghp gzpaplq;fs;
j kp o;
M q;
fp y k;
k i y ah s k;
f zp jk;
, a w;g pa y;
Nt jpap ay;
c ap hp ap y;
Tp y q;f pa y jh tu tp a y;
t zp ft pa y;
ngh Usp ay;
f z f;F gjp tp a y;
tu yh W tp ap a y;
t zp f f zp j k;
cl w;f y;tp ,a f;F eh;ep iy I nkhj;
jk;
Minority NonMinority Total 8.Since the writ petitioner was appointed on 01.12.2021 and the surplus is for the subsequent academic year 2024-2025, therefore, the appointment of the writ petitioner ought to be approved. However, in future if the school needs any P.G. Assistant (Tamil), then the school shall choose from the four surplus in P.G. Assistant (Tamil).
9.It is made clear that by the above direction the minority status of the school will not be affected, since the minority schools are extending their supportive hand to the Government to fulfil their social responsibility. Further, it
is only a temporary situation, once the surplus becomes 'Nil' then the schools would get their right to appoint teaching staffs. 10.With the above observation, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 08.04.2025 NCC : Yes / No Index : Yes / No Yuva
J.NISHA BANU, J.
AND S.SRIMATHY, J.
Yuva 08.04.2025