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Madras High CourtWP(MD)/31167/2023allowed

The Correspondent v. The State Of Tamil Nadu

2024-01-02Honourable Mrs Justice L.Victoria Gowri7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD) No.26709 of 2023 The Correspondent St. Mary's Higher Secondary School, Madurai ... Petitioner Vs

1. The State of Tamil Nadu, Rep. 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, Madurai - 625 001, Madurai District.

4. The District Educational Officer, Madurai - 625 001, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent DEO to approve forthwith the promotion of A.Vincent Prabhu as B.T.Assistant 1/7

(Tamil) in the petitioner school w.e.f. 06.10.2020 with all attendant benefits including arrears of salary and allowances.

For Petitioner : M/s.Isaac Chambers For Respondents : Mr.G.Suryananth Additional Government Pleader

ORDER

The present writ petition has been filed to issue a writ of mandamus directing the 4th respondent DEO to approve forthwith the promotion of Mr.A.Vincent Prabhu as B.T.Assistant (Tamil) in the petitioner school w.e.f. 06.10.2020 with all attendant benefits including arrears of salary and allowances 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard, the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents. Perused the materials on record.

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4.The petitioner school namely, St. Mary's Higher Secondary School, Madurai is recognised as an aided Minority Educational Institution administered by a registered society namely St. Mary's Society, Madurai, which is a society registered under the T.N Societies Registration Act of 1975. The petitioner school is the only school administered by the above said society. The school was initially established as a high school in the year 1908 and upgraded as Higher Secondary School in the year 1979 and currently offering education from standard 6th to 12th and the medium of instruction is Tamil. 5.One of the post of B.T.Assistant (Tamil) in the school fell vacant on 06.07.2020 due to demise of the then incumbent Mr.M.Arockia Jeyaseelan on 05.07.2020. In the said vacancy, the school promoted a fully qualified candidate namely Mr.A.

Vincent Prabhu, B.T.Assistant (Tamil) with effect from 06.10.2020. The petitioner School submitted necessary proposal to the 4th respondent/D.E.O on 08.10.2020 to approve the promotion of Mr.A.Vincent Prabhu as B.T.Assistant (Tamil). However, the fourth respondent failed to do so.

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6.As per the order of this Court in W.A(MD) No.76 of 2019 and batch and as per the G.O.Ms.No. 165, School Education Department, dated 17.09.2019, it was instructed by the fourth respondent that until the surplus teachers working in minority and non-minority private aided schools were deployed to the needy schools, no new promotion should be made in any schools and that no approval should be granted thereof. In the petitioner school there is no surplus teachers. Hence, this petition came to be filed seeking approval of promotion.

7.The case in hand is no more res-integra. The Division Bench in W.A(MD) No.76 of 2019 and batch has issued a compendium of schedule to be followed and Clause (V) is extracted as follows: "(v) Like that insofar as aided minority institutions are concerned,if it is a stand alone institution, their right of appointing a teacher in a vacancy within the sanctioned strength for the academic year 2021-22 shall not be affected because of the identified excess teachers in other schools. At the same time, even if the school is a minority institution, however being administered by a joint management or corporate management, in respect of those schools, even though vacancy arose within the sanctioned strength of such school or schools under corporate management or joint management, those vacancies shall not be filled up unless the excess staff identified in all other schools under the same corporate or joint management are exhausted fully and 4/7

only after exhausting the redeployment process on all excess teachers identified in the group of schools under the same corporate management, they shall be free to make promotion afresh from open market in the vacancy if any still, within the sanctioned strength." 8.In view of the said directive considering the fact that the petitioner school is a stand alone institution, the fourth respondent/D.E.O ought to have approved the promotion of Mr.A.Vincent Prabhu as B.T.Assistant (Tamil). In yet another case in W.P(MD) No.26738 of 2023, dated 14.03.2023, this Court has dealt with similar case and the relevant portion is extracted hereunder:

"4. Under the impugned order, G.O.Ms.No.165 School Education Department, dated 17.09.2019 has been cited as one of the reasons to contend that when there are surplus teachers, the question of fresh promotion would not arise. This order has been passed without even considering the fact that the petitioner school is a stand alone minority school. The question of surplus teachers would not arise. The authority has to see the staff fixation order for the academic year 2019-20 and if there are vacancies for filling up B.T Assistant teachers within the sanctioned strength, he has to proceed and pass orders approving the promotion."

9.In view of the above, I am fully in consonance with the order as discussed supra and as such the fourth respondent is directed to approve the 5/7

promotion of Mr.A.Vincent Prabhu as B.T.Assistant (Tamil) in the petitioner school with effect from 06.10.2020 with all attendant benefits. The said exercise shall be completed within a period of four weeks from the date of receipt of copy of this order.

10.With the above direction, this writ petition stands disposed of. Consequently the connected miscellaneous petition is closed. No costs. 02.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

1. The Secretary, State of Tamil Nadu, 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, Madurai - 625 001, Madurai District.

4. The District Educational Officer, Madurai - 625 001, Madurai District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN and W.M.P(MD) No.26709 of 2023 02.01.2024 7/7