C.Jeslin Preba v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD).No.20994 of 2025 C.Jeslin Preba

...Petitioner

-Vs1. The Director of School Education, College Road, Chennai-600 006.

2. The Chief Educational Officer, Kanyakumari District at Nagercoil-629 001.

3. The District Educational Officer (Secondary), Nagercoil, Kanyakumari District.

4. The Correspondent, Duthie Higher Secondary School for Girls, Nagercoil, Kanyakumari District,

5. The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71A, Dennis Street, Nagercoil-629 001.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus or any other appropriate Writ, order or direction in the nature of Writ, directing the respondents to approve the appointment of the petitioner as PG Assistant in Zoology in the 4th respondent school namely Duthie Higher Secondary School for girls, Nagercoil, Kanyakumari District w.e.f. 01.12.2021 and disburse grant-inaaid towards her salary and other allowances. For petitioner : M/s.S.Xavier Rajini For Respondent Nos.1 to 3 : M/s.N.Satheesh Kumar Addl. Government Pleader For Respondent No.4 & 5 : M/s.S.C.Herold Singh

ORDER

This writ petition is filed seeking direction to the respondents to approve the appointment of the petitioner as PG Assistant in Zoology in the 4th respondent school w.e.f. 01.12.2021 and disburse grant-in-aid towards her salary and other allowances.

2. The petitioner herein had been appointed in a vacancy that arose in a sanctioned post by the 4th respondent on 01.12.2021. The proposal with regard to the same had been returned by the respondents directing the management to produce non-willingness certificate of BT Assistant Zoology teachers working in the said school for promotion as PG 2/4

Assistants. The same had been replied by the 4th respondent indicating that there is no qualified teachers to be promoted as PG Assistant Zoology. They had also further indicated that there has been no surplus even in the Corporate Management. But, however, the proposal is still kept pending with the respondents.

3. In such view of the matter, there shall be a direction to the 2nd respondent to consider the proposal of the 4th respondent, however, without insisting application of Rule 28(5) of the Tamilnadu Private Schools (Regulations) Rules, 2023. The said exercise shall be carried out by the 2nd respondent within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.10.2025 Index : Yes/No Speaking/Non-Speaking order gvn 3/4

K.KUMARESH BABU.J.

gvn To

1. The Director of School Education, College Road, Chennai-600 006.

2. The Chief Educational Officer, Kanyakumari District at Nagercoil-629 001.

3. The District Educational Officer (Secondary), Nagercoil, Kanyakumari District.

4. The Correspondent, Duthie Higher Secondary School for Girls, Nagercoil, Kanyakumari District,

5. The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71A, Dennis Street, Nagercoil-629 001.

6.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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