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Madras High CourtWP(MD)/31292/2023disposed of

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) Nos.26827, 26828 of 2023 The Correspondent St. Arulanandar Higher Secondary School, Oriyur, Ramanathapuram District ... 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, Ramanathapuram, Ramanathapuram District.

4. The District Educational Officer, Ramanathapuram, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 4th respondent DEO in A.Thi.Mu.No.3824/A5/2023, dated 17.07.2023 quash the same and further direct the 3rd and 4th respondents to approve forthwith the appointment of 1/7

A.Arul Amalanthan as B.T.Assistant (Tamil) in the petitioner school w.e.f., 01.06.2022 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 challenging the impugned order passed by the 4th respondent/District Educational Officer in A.Thi.Mu.No. 3824/A5/2023, dated 17.07.2023 quash the same and further to direct the 3rd and 4th respondents to approve forthwith the appointment of Mr.A.Arul Amalanthan as B.T.Assistant (Tamil) in the petitioner school w.e.f., 01.06.2022 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. Arulanandar Higher Secondary School, Oriyur, Ramanathapuram District is recognised as an aided Minority Educational Institution administered by the Society of Arulanandar, Oriyur. The petitioner school is the only school administered by the above said society. The school was initially established as a Elementary school in the year 1908, upgraded as Middle School, then High School and then Higher Secondary School. Currently the school is offering education from standard 1st to 12th. 5.One of the post of B.T.Assistant (Tamil) in the school fell vacant on 01.06.2022 due to the superannuation of the then incumbent Mr.A.Charles on 31.05.2022. In the said vacancy, the school appointed a fully qualified candidate namely Mr.A.Arul Amalanthan, B.T.Assistant (Tamil) with effect from 01.06.2022. However, the 4th respondent/D.E.O refused to approve the appointment of Mr.A.Arul Amalanthan as B.T.Assistant (Tamil) vide impugned proceedings, dated 17.07.2023.

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 that until the surplus teachers working in minority 3/7

and non-minority private aided schools were deployed to the needy schools, no new appointment should be made in any schools and that no approval should be granted thereof, thereby rejecting the appointment of Mr.A.Arul Amalanthan as B.T.Assistant (Tamil). Challenging the impugned order, this writ petition came to be filed.

7.The case in hand is no more res-integra. The impugned order is nothing, but the result of non-application of mind of Authorities in interpreting the order passed by the Division Bench in W.A(MD) No.76 of 2019. The Division Bench in the said 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.

they shall be free to make appointment 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 appointment of Mr.A.Arul Amalanthan 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 appointment 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 appointment."

9.In view of the above, I am fully in consonance with the order as discussed supra and as such, the impugned order is set aside. The fourth respondent is directed to approve the appointment of Mr.A.Arul Amalanthan as 5/7

B.T.Assistant (Tamil) in the petitioner school with effect from 01.06.2022 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.Accordingly, this writ petition stands allowed. Consequently the connected miscellaneous petitions are 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, Ramanathapuram, Ramanathapuram District.

4. The District Educational Officer, Ramanathapuram, Ramanathapuram District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN and W.M.P(MD) Nos.26827, 26828 of 2023 02.01.2024 7/7