Madras High Court
K.K.Lavanya Lakshmi vs The Chief Educational Officer on 22 April, 2021
W.P.(MD)No.7772 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD)No.7772 of 2021
and
W.M.P(MD)Nos.5920 & 5921 of 2021
K.K.Lavanya Lakshmi ... Petitioner
Vs.
1.The Chief Educational Officer,
O/o.the Chief Educational Office,
Madurai, Madurai District.
2.The District Educational Officer,
O/o.the District Educational Office,
Madurai, Madurai District.
3.The Correspondent,
Sourashtra Girls Higher Secondary School,
Theppakulam,
Madurai District. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order issued by the second
respondent in his impugned proceedings in x.K.vz;.4148/m4/2020
dated 20.05.2020 and quash the same as illegal and consequently
to direct the second respondent to approve the appointment of the
petitioner as B.T.Assistant (Social Science) within the period that
may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
1/9
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
For R1 & R2 : Mr.N.Shanmugaselvam
Additional Government Pleader
ORDER
This writ petition is filed seeking to call for the records
relating to the impugned order issued by the second respondent,
vide his impugned proceedings in x.K.vz;.4148/m4/2020> dated
20.05.2020, quash the same as illegal and consequently, direct the
second respondent to approve the appointment of the petitioner as
B.T.Assistant (Social Science) within the period that may be
stipulated by this Court.
2. Mr.N.Shanmugaselvam, learned Additional Government
Pleader takes notice for the respondents 1 and 2. By consent of
both parties, the Writ Petition is taken up for final disposal at the
stage of admission itself.
3. The learned counsel appearing for the petitioner submitted
that in the third respondent School, the post of B.T.Assistant (Social
Science) became vacant on account of the retirement of erstwhile
incumbent one T.R.Usha. In the said sanctioned vacancy, the
petitioner was appointed as B.T.Assistant (Social Science) on
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
01.07.2019. The third respondent submitted the proposal, dated
19.07.2019, for approval of the appointment of the petitioner. The
second respondent, by the proceedings in x.K.vz;.4148/m4/2020> dated
20.05.2020, rejected the proposal for approving the appointment of
the petitioner on the ground that the post can be filled up only with
the surplus teachers in accordance with the proceedings of the first
respondent, vide his proceedings No.9537/A4/2019, dated
Nil/12/2019. The learned counsel appearing for the petitioner
submitted that even according to the proceedings referred to in the
impugned order, there is no surplus teacher in the subject of Social
Science in the third respondent School. Though there are surplus
teachers in other subjects, the same will not stand in the way of
approval of the appointment of the petitioner. There is no surplus
teacher in the post of B.T. Assistant (Social Science) in the third
respondent School. The surplus teacher mentioned by the second
respondent relates to other subjects. The deployment of surplus
teacher is made only in the Corporate Management System School
and not Single Management System School. The third respondent
School is coming under the Single Management System School.
G.O.(Ms)No.165, School Education (tho.ka.2(1)) Department, dated
17.09.2019, was made as inoperative by the Division Bench of this
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
Court and prayed for allowing the writ petition.
4. The learned Additional Government Pleader appearing for
the respondents 1 and 2 submitted that when four (4) teachers are
surplus in the third respondent School, only one of the surplus
teacher can be appointed and the petitioner cannot be appointed in
the said vacancy. The reason given by the second respondent is
valid. In this regard, he relied on the judgment of the Division
Bench of this Court, dated 31.03.2021, made in W.A.(MD)Nos.76 of
2019 etc., batch. The relevant portion of the said judgment is
extracted hereunder:-
“95 (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
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
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 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 appointment afresh from open market in the
vacancy if any still, within the sanctioned strength”
5. From the above submissions, it is seen that, it is the
specific case of the petitioner that she was appointed as
B.T.Assistant (Social Science) in the sanctioned vacancy in the third
respondent School on the retirement of previous incumbent
T.R.Usha. From the impugned order, it is seen that the second
respondent has returned the proposal stating that there are four (4)
surplus teachers in the third respondent School and the third
respondent has to act accordingly. It is not the case of the second
respondent that there is a surplus teacher in B.T.Assistant (Social
Science). Further, the third respondent School comes under the
Single Management System and it is not coming under the
Corporate Management System. The Government issued G.O.
(Ms)No.165, School Education (tho.ka.2(1)) Department, dated
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
17.09.2019, with regard to redeployment of surplus teachers and
the said Government Order was made as inoperative by the
Division Bench of this Court, vide order dated 20.09.2019, made in
W.A.(MD)Nos.76 of 2019 etc. batch as well as in the judgment
dated 31.03.2021, made in the same Writ Appeals. Paragraph No.
95(v) of the judgment dated 31.03.2021, made in W.A.(MD)Nos.76
of 2019 etc. batch, relied on by the learned Additional Government
Pleader appearing for the respondents 1 and 2, does not advance
the case of the respondents 1 and 2. On the other hand, it
advances the case of the petitioner. In the said Paragraph, this
Court has held that when the School is stand alone Institution, their
right of appointing a teacher in a vacancy within the sanctioned
strength for the academic year 2021-2022 shall not be affected
because of identified excess teacher in other Schools. It is not in
dispute that the third respondent School is a stand alone Institution
and the petitioner was appointed in a sanctioned post and the
vacancy caused by retirement of previous incumbent T.R.Usha.
6. In view of the above, there is no impediment for the second
respondent to approve the appointment of the petitioner as
B.T.Assistant (Social Science). The third respondent is directed to
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
resubmit the proposal for approving the appointment of the
petitioner within a period of two weeks from the date of receipt of a
copy of this order. On receiving such proposal, the respondents 1
and 2 are directed to pass orders on the proposal submitted by the
third respondent for approving the appointment of the petitioner in
the third respondent School, within a period of eight (8) weeks,
thereafter.
7. In the result, this writ petition is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
22.04.2021
Index:Yes/No
Internet:Yes/No
am
To
1.The Chief Educational Officer,
Madurai,
Madurai District.
2.The District Educational Officer,
Madurai,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7772 of 2021
V.M.VELUMANI, J.
am / smn2
W.P.(MD)No.7772 of 2021
22.04.2021
https://www.mhc.tn.gov.in/judis/
