G.Blesslin Gracelet v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on :

27/10/2025 Pronounced on : 28/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU in WMP(MD)No.22045 of 2025 G.Blesslin Gracelet ... Petitioner Vs

1. The Director of School Education, College Road, Chennai-600006.

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

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

4. The Correspondent, Christucoil L.M.S. Higher Secondary School Palliyadi, Kanyakumari District.

5. The Corporate Manager, CSI Corporate Schools CSI Diocese of Kanyakumari No. 71 A, Dennis Street Nagercoil-629001.

... Respondents 1/6

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to approve the appointment of petitioner as BT Assistant in English in the 4th respondent school namely Christucoil L.M.S. Higher Secondary School, Palliyadi, Kanyakumari District W.e.f 04.06.2025 and disburse grant-in-aid towards her salary and other allowances. For Petitioner : Mr. S.Xavier Rajini, Advocate.

For Respondents : Mr.N.Satheesh Kumar for R1 to R3 Additional Government Pleader Mr.S.C.Herold Singh for R4 and R5 Standing Counsel

ORDER

This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to approve the appointment of petitioner as BT Assistant in English in the 4th respondent school namely Christucoil L.M.S. Higher Secondary School, Palliyadi, Kanyakumari District W.e.f 04.06.2025 and disburse grant-in-aid towards her salary and other allowances.

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2. Learned counsel for the petitioner would submit that the petitioner possesses all educational qualification for being appointed as a BT Assistant (English) including the mandatory requirement of TET. The petitioner was appointed as a BT Assistant in English in the fourth respondent school due to the retirement of the incumbent on 31.03.2025. The petitioner was appointed with effect from 04.06.2025 and a proposal has also been submitted to the third respondent for approval of the petitioner's appointment and also payment of salary. But however, the same had been kept pending on the premise that there is surplus teachers available in the school managed by the fifth respondent.

He would categorically submit that there is no surplus available in the school under the corporate management of the fifth respondent and the delay in granting the approval is causing severe prejudice to the petitioner. Hence, he seeks a mandamus to the respondents to approve the appointment of the petitioner in the fourth respondent school with effect from 04.06.2025 and disburse the grant-in-aid towards salary and other allowances within the time.

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3. Countering his arguments, learned Additional Government Pleader appearing for the respondents 1 to 3 would contend that the approval has been received. Even though, the petitioner possesses TET, the department has to verify whether there is any surplus in the school managed by the fifth respondent, of which the fourth respondent school is a part. Therefore, without verifying the same, the Mandamus as sought for cannot be granted and he would pray this Court to pass appropriate orders.

4. Learned counsel for the respondents 4 and 5 would submit that as on the date, there is no surplus in the corporate management and hence, there would be no impediment in granting approval.

5. I have considered the submission made by the learned counsel on either side.

6. Even though, a claim had been made that there is no surplus in the school which is under the corporate management of the fifth respondent, no details have been placed before this Court to appreciate 4/6

the said contention. As it has been admitted that the proposal had been forwarded by the fourth respondent school, for the appointment of the petitioner to the third respondent, there shall be a direction to the third respondent to consider the proposal and forward the same to the second respondent within a period of two weeks from the date of receipt of a copy of this order and on such proposal being forwarded, the second respondent shall pass orders on merits and in accordance with law within a further period of four weeks.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition stands closed. 28.11.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn 5/6

K.KUMARESH BABU, J pnn To

1. The Director of School Education, College Road, Chennai-600006.

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

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

4. The Correspondent, Christucoil L.M.S. Higher Secondary School Palliyadi, Kanyakumari District.

5. The Corporate Manager, CSI Corporate Schools CSI Diocese of Kanyakumari No. 71 A, Dennis Street Nagercoil-629001. Pre-Delivery Order made in in WMP(MD)No.22045 of 2025 Date : 28/11/2025 6/6