Madras High Court
The Joint Director Of Elementary ... vs M.Ranjani on 18 August, 2021
W.A.No.941/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.941 of 2021
and C.M.P.No.5607 of 2021
1. The Joint Director of Elementary Education
(Aided), College Road,
Chennai-600 006.
2. The District Educational Officer,
Gingee, Villupuram District.
3. The Block Educational Officer,
Melmalayanur-604 204,
Gingee Taluk,
Villupuram District. .. Appellants/Respondents 1-3
Vs.
1. M.Ranjani .. Respondent 1/Petitioner
2. The Correspondent,
M.D. Schools,
Gnanodayam Circle,
Gnanodayam-604 204,
Villupuram District. .. Respondent 2/Respondent 4
***
Prayer : Writ Appeal filed under Clause 15 of Letters Patent against the
order dated 20.12.2019 passed in W.P.No.35326 of 2019.
***
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondents : Mr.S.N.Ravichandran
for Mr.J.Muthukumar for R1
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W.A.No.941/2021
M/s.Paul and Paul for R2
JUDGEMENT
This appeal is preferred by the Education Department of the State
of Tamil Nadu challenging the order passed by the writ Court dated
20.12.2019 in W.P.No.35326 of 2019.
2. The second respondent in this writ appeal is a religious minority
aided school. The post of the Secondary Grade Teacher (SGT) fell vacant
due to the promotion of the then incumbent in the said School and the
petitioner was appointed as SGT with effect from 15.10.2015, who is fully
qualified. The second respondent school submitted proposal requesting
for approval of her appointment and disburse grant-in-aid towards her
salary. Since there was no response from the appellants, the writ
petitioner filed W.P.No.35326 of 2019, which was disposed of, on
20.12.2019 with certain directions to the appellants.
3. The learned Single Judge had considered the submissions of the
leaned counsel for the first respondent/writ petitioner and also the State
Government Counsel and allowed the writ petition relying upon the order
of this Court in W.P.No.33889 of 2019, wherein, the earlier Division
Bench judgments were referred to, and directed the second respondent
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W.A.No.941/2021
school to send a proposal to the competent authority, with a direction to
the authorities to grant approval to the appointment of the writ
petitioner, if she is otherwise fulfills the requirements.
4. A similar order dated 02.06.2020 was passed in
W.P.Nos.31117, 31125 and 31130 of 2018 and the appeals were filed in
W.A.Nos.1102, 1105 and 1106 of 2020 against the said order. After
extensively dealing with the issue and relying upon the judgment dated
31.03.2021 in W.A.(MD)Nos.76 of 2019 etc. batch, (The Secretary to
Government, Government of Tamil Nadu, School Education
Department V. Iruthaya Amali, 2021 SCC OnLine Mad 1285), vide
order dated 24.06.2021, we have held as follows :
"11. The said principle is squarely applicable to the
appellants Department as well. In view of the above settled position
and in the wake of decisions of the recent Division Bench judgment in
Iruthaya Amali's case, there is no infirmity or irregularity in the
common order of the learned Single Judge dated 12.06.2020 and it
does not warrant any interference.
12. For the foregoing reasons, the Writ Appeals are
dismissed and the order of the learned Single Judge is upheld. The
appellants are directed to comply with the directions issued by the
learned Single Judge within a period of eight weeks from the date of
receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petitions are closed."
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W.A.No.941/2021
5. For the foregoing reasons, following the order dated 24.06.2021,
in W.A.Nos.1102, 1105 and 1106 of 2020, the Writ Appeal is dismissed
and the order of the learned Single Judge is upheld. The appellants are
directed to comply with the directions issued by the learned Single Judge
within a period of eight weeks from the date of receipt of a copy of this
order. No costs. Consequently, connected miscellaneous petition is
closed.
(P.S.N., J.) (K.R., J.)
18.08.2021
Index : Yes / No
Internet: Yes
gg
To
1. The Joint Director of Elementary Education
(Aided), College Road,
Chennai-600 006.
2. The District Educational Officer,
Gingee, Villupuram District.
3. The Block Educational Officer,
Melmalayanur-604 204,
Gingee Taluk,
Villupuram District.
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W.A.No.941/2021
PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
gg
W.A.No.941 of 2021
& C.M.P.No.5607 of 2021
18.08.2021
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