The State Of Tamil Nadu v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD).No.15524 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 Officer, Kanyakumari District at Nagercoil, Kanyakumari District - 629 001.

4.The District Educational Officer, Nagercoil - 629 001, Kanyakumari District.

.. Appellants/Respondents Vs.

The Correspondent, St.Joseph's Convent Higher Secondary School, Kanyakumari District - 629 001.

.. Respondent/Writ Petitioner

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 21.06.2024 in W.P.(MD).No.14075 of 2023 on the file of this Court.

For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.K.Ragatheesh Kumar

JUDGMENT

(Judgment of the Court was made by M.S.RAMESH,J.) The present Writ Appeal has been filed challenging the order passed by the learned Single Judge in W.P.(MD).No.14075 of 2023 dated 21.06.2024.

2. On the ground that there are surplus teachers in the corporate management of the respondent's school, their request for approval of appointment has been rejected, which order was put to challenge before the learned Single Judge.

3. By placing reliance on the decision of the Co-ordinate Bench of this Court in a batch of cases in the case of the Secretary to Government, Government of Tamil Nadu School Education Department, Fort St.George, Chennai - 9 Vs. Iruthaya Amali [W.A.(MD).No.76 of 2019 etc., batch dated 31.03.2021], the learned Single Judge had allowed the Writ Petition and directed the appellants to consider the approval of appointment of the concerned teacher as B.T. Assistant (Maths). The order of the Writ Court is assailed in this intra-court appeal.

4. The issue as to whether the educational authorities are empowered to reject the approval of appointment of a teacher in a minority school on the ground that there are surplus teachers in the other schools in the corporate management, has already been dealt with by this Court in several decisions including the decision in Iruthaya Amali's case. One such decision was by a co-ordinate Bench of this Court in the case of the Chief Educational Officer, Tirunelveli District and another Vs. A.X.Mino and another passed in W.A.(MD).No.1855 of 2024 dated 16.10.2024. By placing reliance upon the decision in Iruthaya Amali's case, the learned Single Judge had held that the educational authorities cannot reject the

application seeking for approval of appointments on this ground. In this background, we do not find any reason to interfere with the order of the learned Single Judge and the same stands confirmed.

5. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(M.S.R.,J.) (A.D.M.C.,J.) 04.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

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