Madras High Court
R.Bastin Sobitha vs The District Educational Officer on 20 April, 2021
W.P.(MD) No.7971 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD) No.7971 of 2021
and
W.M.P(MD)No.6084 of 2021
R.Bastin Sobitha ... Petitioner
-Vs-
1.The District Educational Officer,
Vallioor, Tirunelveli District.
2.The Block Educational Officer,
Nanguneri Union,
Tirunelveli District.
3.The Correspondent,
St. Antony's Middle School,
Karankadu, Nanguneri Taluk,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records relating to the impugned proceedings issued by the 1st
respondent herein in Na.Ka.No.673/A2/2020 dated 27.01.2021 and
quash the same and further direct the 1st respondent herein to approve
the appointment of petitioner as BT Assistant (History) in the 3rd
respondent school w.e.f., 25.06.2018 and disburse grant-in-aid towards
salary and other attendant benefits.
1/9
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.7971 of 2021
For Petitioner : Mr.A.Ajith Geethan
For R1 & R2 : Mr.C.M.Mari Chellaiah Prabhu
Additional Government Pleader
ORDER
This Writ Petition is filed to call for the records relating to the
impugned proceedings issued by the first respondent herein in
Na.Ka.No.673/A2/2020, dated 27.01.2021, and quash the same and
further direct the first respondent herein to approve the appointment of
petitioner as BT Assistant (History) in the 3rd respondent school w.e.f.,
25.06.2018 and disburse grant-in-aid towards salary and other
attendant benefits.
2. Mr.C.M.Mari Chellaiah Prabhu, learned Additional
Government Pleader takes notice on behalf of the respondents 1 & 2.
By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
3. According to the petitioner, he is now working as BT
Assistant in the third respondent's School. One post of BT Assistant in
the third respondent school fell vacant due to dismissal of previous
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W.P.(MD) No.7971 of 2021
incumbent, namely, G.Princely, on 21.05.2018. In the said sanctioned
vacancy, the petitioner was appointed as BT Assistant w.e.f., 25.06.2018.
He possessed the requisite qualification for the post of B.T.Assistant
(History). The third respondent School submitted the proposal to the
first respondent herein through the second respondent on 01.09.2018,
requesting to approve the petitioner's appointment as BT Assistant
w.e.f., 25.06.2018. The second respondent returned the proposal, vide
proceedings in A.Thi.Mu.No.1204/A1/2019, dated 23.01.2019, calling
for certain particulars and documents. Thereafter, the third respondent
re-submitted the proposal along with necessary particulars and
documents to the second respondent on 31.01.2019 and requested to
approve the petitioner's appointment. Since the second respondent has
not passed any orders on the proposal re-submitted by the third
respondent School, the petitioner filed a writ petition in W.P(MD)No.
5828 of 2019 before this Court, seeking a direction to approve the
appointment of the petitioner as BT Assistant in the third respondent
school w.e.f., 25.06.2018 and disburse grant-in-aid towards salary and
other attendant benefits, by considering the proposal, dated 31.01.2019,
submitted by the third respondent school. This Court, by order dated
13.03.2019, directed the second respondent to consider the proposal,
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W.P.(MD) No.7971 of 2021
dated 31.01.2019 on merits and in accordance with law. Thereafter, the
first respondent returned the proposal, vide impugned proceedings in
Na.Ka.No.673/A2/2020, dated 27.01.2021, stating that the petitioner's
previous incumbent namely, Princely filed writ petition in W.P(MD)No.
11938 of 2018, challenging the dismissal order, which has been pending
and prior permission was not obtained from the Department, for
converting the subject from Science to History. The petitioner has
come out with the present writ petition challenging the impugned order,
dated 27.01.2021.
4. The learned counsel appearing for the petitioner would
submit that the first respondent ought to have seen that no interim
order was granted by this Court in W.P.(MD)No.11938 of 2018, filed by
the previous incmbent. The third respondent School, being a minority
institution, no permission is required either before effecting the
appointment or conversion of the subject. This Hon'ble Court in several
cases had repeatedly held that subject Roster system cannot be insisted
to Minority Educational Institutions. Since Science qualified teacher is
working there as Headmaster, History Teacher alone is needed to the
third respondent School. Hence, the third respondent School appointed
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W.P.(MD) No.7971 of 2021
the petitioner as BT Assistant (History) instead of BT Assistant (Science)
considering the overall need of the school and in the interest of the
students. In support of his contention, the learned counsel appearing
for the petitioner relied on the judgment of the Division Bench of this
Court in W.A(MD)No.716 of 2014, dated 04.04.2017.
5. The learned Additional Government Pleader appearing for
the respondents 1 & 2 submitted that the petitioner was appointed as
BT Assistant (History) in the vacancy caused in BT Assistant (Science)
without getting prior permission for conversion of the subject and
hence, the respondents rejected the approval and prayed for dismissal
of the writ petition.
6. From the impugned order, it is seen that the first respondent
rejected the request of the third respondent for approval of the
appointment of the petitioner as BT Assistant (History) stating that the
writ petition in W.P(MD)No.11938 of 2018 filed by the previous
incumbent, namely, Princely, challenging her dismissal order, is pending
and the third respondent did not obtain permission from the
respondents 1 & 2 for converting the subject from Science to History.
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W.P.(MD) No.7971 of 2021
Both the grounds mentioned in the impugned order are not correct. The
third respondent being a minority institution, there is no necessity to
obtain prior permission for appointment and conversion of subject. The
petitioner was appointed only in the sanctioned post of BT Assistant.
According to the petitioner, she is having B.A., (History) and B.Ed.,
degree and fully qualified to be appointed as BT Assistant. Further, the
reason given by the first respondent for rejecting the request of the
petitioner is concerned, the third respondent cannot keep the post
vacant till the disposal of the writ petition filed by the previous
incumbent, namely, Princely, which will affect the interest of the
students. It is pertinent to note that this Court has not granted any
interim order in the writ petition in W.P(MD)No.11938 of 2018, filed by
the previous incumbent. Further, the Headmaster of the School is BT
Assistant (Science) and the request of the third respondent School is BT
Assistant (History). The third respondent being minority institution, has
to take into consideration the interest of the students and need of the
subject. The judgment rendered in W.A(MD)No.716 of 2014, dated
04.04.2017 relied on by the learned counsel for the petitioner, is
squarely applicable to the facts of the present case.
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W.P.(MD) No.7971 of 2021
7. For the above reasons, the impugned order passed by the
first respondent is set aside and the third respondent is directed to
resubmit the proposal and on receiving such proposal, the respondents
1 & 2 are directed to consider the said proposal for approving the
appointment of the petitioner and pass orders on the said proposal.
8. In the result, the writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
20.04.2021
Index : Yes / No
Internet: Yes / No
am
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
advocate / litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.7971 of 2021
To
1.The District Educational Officer,
Vallioor, Tirunelveli District.
2.The Block Educational Officer,
Nanguneri Union,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.7971 of 2021
V.M.VELUMANI,J.
am
W.P.(MD)No.7971 of 2021
20.04.2021
https://www.mhc.tn.gov.in/judis/
