The State Of Tamil Nadu, v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04/11/2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE and CMP(MD) No.15272 of 2024

1. The State of Tamil Nadu, Represented by its Secretary Department of School Education Fort St. George,Chennai 600 009.

2. The Director of School Education, College Road,Chennai 600 009.

3. The Chief Educational Office, Dindigul 624 001,Dindigul District

4. The District Educational Officer Dindigul 624 001 Dindigul District ... Appellants Vs The Correspondent St. Mary's Higher Secondary School Dindigul 624 001 Dindigul District ... Respondent PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 19.12.2023 in WP(MD). No. 30250/2023. 1/5

For Appellants : Mr.J.Ashok Additional Government Pleader For Respondents : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers

JUDGMENT

(Judgment of the Court was delivered by M.S.RAMESH, J.) Challenge is made to the order of the writ Court dated 20.12.2023 in WP(MD) No.30245/2023.

2. The learned Additional Government Pleader would submit that the respondent school, which is a minority school, would have no right to upgrade the sanctioned post without proper permission of the concerned authorities. On this ground, he seeks for setting aside the order of the learned Single Judge.

3. We are unable to endorse the ground raised by the learned Additional Government Pleader for two reasons.

(i) Firstly, such a ground does not appear to have been taken by the appellants before the learned Single Judge and having failed to do so, we will not be in a position to interfere with the order of the learned Single Judge, 2/5

(ii) Secondly, the issue with regard to rights of minority schools upgrading sanctioned posts has already been dealt with in several writ petitions as well as by the Division Benches of this Court holding that a minority institution will be well within its power to upgrade a sanctioned post. One such case of the coordinate Bench of this Court is the Chief Educational Officer, Tirunelveli and another v. S.Josephin Vijaya and another, dated 14.12.2017 in WA (MD) No.1497/2017.

4. When a Coordinate Bench has already taken such a view, which has been reiterated in a batch of writ petitions, we do not agree with the said ground raised by the appellants in this regard. Hence, we do not find any merits in the writ appeal. Accordingly, the writ appeal fails and the same is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. [M.S.R.,J] [A.D.M.C.,J] 04.11.2024 NCC : Yes/No Index : Yes/No RR 3/5

TO

1. The Secretary Department of School Education Fort St. George,Chennai 600 009.

2. The Director of School Education, College Road,Chennai 600 009.

3. The Chief Educational Office, Dindigul 624 001,Dindigul District

4. The District Educational Officer Dindigul 624 001 Dindigul District 4/5

M.S.RAMESH,J AND A.D.MARIA CLETE, J.

RR

ORDER

IN WA(MD) No.2182 of 2024 Date : 04/11/2024 5/5