Madras High Court
The State Of Tamil Nadu vs Manager & Cor on 4 February, 2021
WA.No.1090 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.1090 of 2020
and C.M.P.No.13265 of 2020
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Education Department, Chennai-9.
2.The Director of School Education,
D.P.I.Buildings, College Road,
Chennai-6.
3.The District Educational officer,
Vaniyambadi.
4.The Block Educational Officer,
Mathanur, Vellore District. .. Appellants
-vs-
Manager & Correspondent,
Madasa E.Deeniyath Aided Elementary
School, Ambur 635 802. .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 26.02.2020 made in W.P.No.3189 of 2020 on the file of
this Court.
Page 1 of 6
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WA.No.1090 of 2020
For Appellants : Mr.C.Munusamy
Spl. Govt. Pleader
For Respondent : Mr.S.N.Ravichandran
JUDGMENT
(Delivered by Senthilkumar Ramamoorthy, J.)
This writ appeal is filed by the State against the order dated
26.02.2020 in W.P.No.3189 of 2020. The said writ petition was filed
challenging the refusal of approval for the appointment of a secondary
grade teacher in the writ petitioner's school. The said impugned order
was passed entirely on the basis of G.O.Ms.No.165, School Education
(E.Edu.2(1)) Department. The said G.O., in turn, was passed based on
an interim direction issued on 09.04.2019 by a Division Bench of the
Madurai Bench of this Court in a batch of cases bearing
W.A.(MD)No.76 of 2019 (batch).
2. Learned Special Government Pleader submits that the writ
appeals before the Madurai Bench are still pending adjudication and
that, therefore, the impugned order is sustainable.
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WA.No.1090 of 2020
3. On the other hand, learned counsel for the writ petitioner
contends that the State did not reject the request for approval by
citing the availability of surplus posts or by providing any other reason.
Such rejection was entirely based on G.O.Ms.No.165. He further
pointed out that by an interim order dated 20.09.2019 in W.A. (MD)
No.76 of 2019, (batch), the Division Bench of the Madurai Bench of
this Court stayed the operation of G.O.Ms.No.165. As such, he
submits that the order dated 09.01.2020 cannot be sustained.
4. Upon considering the rival contentions and on examining the
order of the Writ Court, we find that the Writ Court has taken note of
the fact that the impugned order merely quotes G.O.Ms.No.165.
Significantly, the impugned order does not advert to the availability of
surplus posts or cite any other reason for rejecting the application for
approval. In the light of the aforesaid, it is clear that the impugned
order is not sustainable. We also note that the Writ Court quashed
such impugned order and directed the petitioner-school to re-submit
the proposal to the fourth respondent. We are informed that such
proposal has been re-submitted to the fourth respondent. Therefore, it
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WA.No.1090 of 2020
is open to the official respondents to take all material aspects into
account while deciding on the application for approval. Consequently,
we find that the order of the Writ Court does not warrant interference
inasmuch as it has taken note of all relevant considerations before
arriving at the conclusion, albeit subject to the modification that the
decision on the re-submitted proposal should be taken within a period
of eight weeks from the date of receipt of a copy of this judgment.
Writ Appeal, W.A.No.1090 of 2020, is disposed of on the above
terms. No costs. Consequently, C.M.P.No.13265 of 2020 is closed.
(S.B., CJ.) (S.K.R., J.)
04.02.2021
Index : Yes/No
sra
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WA.No.1090 of 2020
To
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Education Department, Chennai-9.
2.The Director of School Education,
D.P.I.Buildings, College Road,
Chennai-6.
3.The District Educational officer,
Vaniyambadi.
4.The Block Educational Officer,
Mathanur, Vellore District.
http://www.judis.nic.in
WA.No.1090 of 2020
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(sra)
W.A.No.1090 of 2020
04.02.2021
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