The Chief Educational Officer v. Benita Jose
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD).No.16835 of 2024 1.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District.
2.The District Educational Officer (Primary Education), Paramakudi, Ramanathapuram District.
... Appellants/1st and 2nd Respondents Vs.
1.Benita Jose, Secondary Grade Teacher, CSI Primary School, Nerunjipatti, Kamuthi, Ramanathapuram District.
... 1st Respondent/Writ Petitioner 2.CSI Primary School, Represented by its Correspondent, Nerunjipatti, Kamuthi, Ramanathapuram District.
... 2nd Respondent/3rd Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 25.07.2024 passed in W.P.(MD).No.17047 of 2024 and allow the Writ Appeal.
For Appellants : Mr.J.Ashok Additional Government Pleader For R-1 : M/s.H.Jasima Yasmin for M/s.Ajmal Associates
JUDGMENT
(Judgment of the Court was made by M.S.RAMESH,J.) The present Writ Appeal has been filed challenging the order of the learned Single Judge in W.P.(MD).No.17047 of 2024 dated 25.07.2024.
2. On the ground that there are surplus teachers in the corporate management of the second 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 Coordinate 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 disposed of the Writ Petition and
directed the appellants to consider the approval of appointment of the concerned teacher as Secondary Grade Teacher. 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 Coordinate 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.) 26.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
M.S.RAMESH,J.
and A.D.MARIA CLETE,J.
Lm 26.11.2024