A.Amala Valan Jubitha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11-11-2025 CORAM :
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.29544 of 2025 and WMP(MD).Nos.22850 & 22851 of 2025 A.Amala Valan Jubitha
...Petitioner
Vs
1. The State of Tamil Nadu Rep. by its Principal Secretary, School Education Department, Secretariat, St.George Fort, Chennai - 600 009.
2. The Director of School Education, O/o.The Director of School Education, DPI Campus, Chennai.
3. The Chief Educational Officer O/o.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
4. The District Educational Officer (Elementary) O/o.The District Educational Officer, Tirunelveli, Tirunelveli District.
5.The Block Educational Officer Palayamkottai (Urban), 1/6
6.The Correspondent Loyola Convent Primary School, Palayamkottai, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned Order passed by the 4th Respondent vide his proceedings in O.Mu. No. 2587/A5/2025 dated 16.07.2025 and consequential impugned Order passed by the 5th Respondent vide his proceedings in Na.Ka. No. 963/A1/2025 dated 15.09.2025 and quash the same as illegal and consequently direct the 4th Respondent to approve the appointment of the Petitioner as Secondary Grade Teacher (English) with effect from 12.11.
2019 with all other service and monetary benefits and disburse the same, within the stipulated period fixed by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : M/s. M. Mohamed Zamil For Respondents : M/s.N.
O R D E R
This writ petition is filed challenging the impugned Order passed by the 4th Respondent vide his proceedings in O.Mu. No.2587/A5/2025 dated 16.07.2025 and consequential impugned Order passed by the 5th Respondent vide his proceedings in Na.Ka. No.963/A1/2025 dated 15.09.2025 and seeking consequential direction to the 4th Respondent to approve the appointment of the Petitioner as Secondary Grade Teacher (English) with effect from 12.11.2019 with all other service and monetary benefits and disburse the same.
2. Heard the submissions of the learned Counsels appearing on either side and perused the materials available on record.
3. The approval of the petitioner's appointment in the sixth respondent institution had been returned solely on the ground that the proposal was not supported by any certificate certifying that the Corporate Management of which the school is part of does not have any surplus teachers. It is to be noted that the petitioner had been appointed as a Secondary Grade Teacher (English) with effect from 12.11.2019. The staff fixation order made for the academic year 2019-2020 would 3/6
indicate that there are 25 sanctioned posts in the 6th respondent school and that there are two vacancies available in the said school and there has been no surplus declared during the said academic year. Therefore, there is no surplus teacher available in the said school. The concept of surplus teacher in the Corporate/Joint management was envisaged by this Court in W.A.(MD).No.76 of 2019 etc., batch cases, which had held to be prospective and this Court had an occasion to deal with the said issue in W.P.(MD).No.25712 of 2024 and by order dated 14.10.2025, this court had held that the appointments made prior to the judgement, the Department cannot invoke the concept of Corporate/Joint Management surplus. In view of the same, this Court is of the view that the impugned order returning the proposal submitted by the 6th respondent school is not correct.
4. For the afore said reasons, this writ petition stands allowed and the order impugned in the writ petition is quashed and there shall be a direction to the 6th respondent school to resubmit the proposal seeking approval of the appointment of the petitioner to the 3rd respondent and on receipt of such proposal, the 3rd respondent is directed to consider the said proposal without insisting the issue of surplus and pass appropriate 4/6
orders on merits and in accordance with law. The said exercise shall be completed within a period of eight weeks from the date of receipt of proposal of the 6th respondent school. No costs. Consequently, connected miscellaneous petitions are closed. 11.11.2025 1/2 NCC:yes/no Index:yes/no Internet:yes/no gvn 5/6
K.KUMARESH BABU, J.
gvn To:
1. The State of Tamil Nadu Rep. by its Principal Secretary, School Education Department, Secretariat, St.George Fort, Chennai - 600 009.
2. The Director of School Education, O/o.The Director of School Education, DPI Campus, Chennai.
3. The Chief Educational Officer O/o.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
4. The District Educational Officer (Elementary) O/o.The District Educational Officer, Tirunelveli, Tirunelveli District.
5.The Block Educational Officer Palayamkottai (Urban), 6.The Correspondent Loyola Convent Primary School, Palayamkottai, 11.11.2025 1/2 6/6