Madras High Court
) The Director Of School Education vs ) S.R.Chandru Manikandan on 1 December, 2021
W.A(MD)No.2145 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)No.2145 of 2021
and
CMP(MD)No.10164 of 2021
1) The Director of School Education,
DPI Campus,
College Road, Chennai.
2) The Joint Director of School Education (Higher Secondary),
DPI Campus,
College Road, Chennai.
3) The Chief Educational Officer,
Tuticorin District.
4) The District Educational Officer,
Tuticorin District. ... Appellants
vs.
1) S.R.Chandru Manikandan
2) Karapettai Nadar Higher Secondary School,
Tuticorin,
Rep by its Secretary,
N.T.Selvaraj,
Tuticorin District. ... Respondents
Appeal filed under Clause XV of Letters Patent, against the
order dated 12.07.2021 made in W.P(MD)No.37 of 2021.
Page 1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2145 of 2021
For Appellants : Mr.M.Siddharthan
Additional Government Pleader
For R1 : Mr.V.Meenakshisundaram for
Mr.G.Mohankumar
JUDGMENT
(Judgment of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The appeal is by the Government, challenging the order
passed in W.P(MD)No.37 of 2021, dated 12.07.2021.
2. The writ petition was filed challenging the order of the
3rd appellant dated 09.12.2020, wherein, the approval of the
appointment of the writ petitioner as Office Assistant, in the 2nd
respondent school, was rejected. The writ petitioner was appointed
as Office Assistant on 11.06.2018. A proposal was sent to the
appellants for approval. As there was no order passed, the writ
petition was filed, seeking a Mandamus, for considering the same,
after which, the same was considered and the 3rd appellant rejected
the proposal, on the ground of non approval of the Secretary of the
school and the list of candidates furnished by the employment
exchange. The said rejection was challenged in a writ petition.
Page 2/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2145 of 2021
3. In the meanwhile, there was some dispute with regard
to the post of Secretary in the 2nd respondent school and there were
writ petitions filed in W.P(MD)Nos.19905 and 19906 of 2017 and
there was an interim order granted by this Court. The request of
the school to furnish the list of candidates, was rejected by the
employment exchange, on the ground that there was no Secretary
in the 2nd respondent school. Therefore, a notification was issued in
the daily newspaper and the 2nd respondent conducted interview
and appointed the writ petitioner, who is the 1st respondent herein,
as Office Assistant.
4. Against the dismissal of the Writ Petition(MD)Nos.19905
and 19906 of 2017, Writ Appeal(MD)Nos.1711 and 1712 of 2018
were filed. The said appeals were decided on 08.05.2019 and the
writ appeals were allowed, as the erstwhile Secretary himself, who
contested in the election, was elected again as Secretary in the 2nd
respondent school and the said Secretary had appointed the writ
petitioner as Office Assistant. Therefore, when the Secretary was in
the office, the said appointment was made. The Writ Court had
allowed the writ petition.
Page 3/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2145 of 2021
5. In fact, in the judgment of the writ appeals, the question
of the powers of the Secretaries when the order of interim stay in
force, was also discussed, which was relied upon by the learned
single Judge and allowed the writ petition. Therefore, the objection
raised by the Government that the approval for appointment made
by the Secretary, who was not in office, is erroneous and the said
argument is not sustainable, as already the Division Bench held that
the appointment made by the Secretary was valid.
6. We see no reason to interfere in the order passed by the
learned single Judge. The Writ Appeal deserves to be dismissed and
accordingly dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
[P.S.N.,J.] & [P.V.,J.]
01.12.2021
Index : Yes / No
To
1) The Director of School Education,
DPI Campus,
College Road, Chennai.
2) The Joint Director of School Education (Higher Secondary),
DPI Campus,
College Road, Chennai.
Page 4/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2145 of 2021
3) The Chief Educational Officer,
Tuticorin District.
4) The District Educational Officer,
Tuticorin District.
Page 5/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2145 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
bala
JUDGMENT MADE IN
W.A(MD)No.2145 of 2021
DATED : 01.12.2021
Page 6/6
https://www.mhc.tn.gov.in/judis
