Madras High Court
The Headmistress & Correspondent vs The Government Of Tamil Nadu on 2 July, 2021
W.P(MD)No.10934 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.10934 of 2021
and
W.M.P(MD)Nos.8579 & 8580 of 2021
The Headmistress & Correspondent,
Regina Caeli Girls Higher Secondary School,
Ammapettai,
Thanjavur District – 614 401. ... Petitioner
vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Department of Higher Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Panagal Building,
Thanjavur District – 613 001.
4.The District Educational Officer,
Orathanaadu,
Tanjore District – 625 531. ... Respondents
1/10
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10934 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records relating
to the impugned order passed by the third respondent-Chief Educational
Officer in O.Mu.No.3124/A2/2019, dated 15.03.2021 (as signed) and the
consequential proceedings issued by the fourth respondent-District
Educational Officer in O.Mu.No.1363/A3/2019, dated 28.04.2021 (as
signed), quash the same and further direct the third and fourth respondents
to approve forthwith the appointment of S.Vanacka Selvi as P.G Assistant
(History) in the petitioner-School with effect from the date of her
appointment viz., 04.09.2018 and release salary and all attendant benefits
with effect from the said date.
For Petitioner : Mr.K.Ragatheesh Kumar
For Respondents : Mr.P.Subbaraj
Government Advocate
ORDER
The petitioner-School has filed the present Writ Petition, to quash the
impugned order passed by the third respondent, dated 15.03.2021 and the
consequential proceedings issued by the fourth respondent, dated
28.04.2021 and to direct the third and fourth respondents to approve
forthwith the appointment of S.Vanacka Selvi as P.G Assistant (History) in
the petitioner-School with effect from the date of her appointment viz.,
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W.P(MD)No.10934 of 2021
04.09.2018 and release salary and all attendant benefits with effect from
the said date.
2.According to the petitioner, the petitioner School is a recognised
aided Minority Educational Institution. In the said School, there are 35
Teachers viz., 1 Headmistress, 10 PG Assistants, 2 Vocational Instructors,
13 BT Assistants, 3 Tamil Pandits, 3 Secondary Grade Teachers, 1 Physical
Education Teacher, 1 Sewing Teacher and 1 Music Teacher, working and they
are received aid from the State Government. Apart from the above teaching
staffs, there are 5 aided non-teaching staffs viz., 1 Junior Assistant, 1 Lab
Assistant, 1 Record Clerk, 1 Office Assistant and 1 Watchman, working in
the School. There are 1012 students studying in the School. One post of
Post Graduate (PG) Assistant fell vacant in the petitioner School on
04.09.2018 due to the transfer of the then incumbent N.Grace Mary on
03.09.2018. The petitioner's school appointed one S.Vanacka Selvi as PG
Assistant (History) on 04.09.2018 and she continues to work in the school
till date. The petitioner School submitted a proposal to the fourth
respondent on 05.12.2018, requesting to approve the appointment of
S.Vanacka Selvi and disburse grant-in-aid towards her salary. In the
meantime, the third and fourth respondents by the impugned orders, dated
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W.P(MD)No.10934 of 2021
15.03.2021 and 28.04.2021 respectively, rejected the proposal for approval
of the appointment of S.Vanacka Selvi. Challenging the said orders, the
petitioner has come out with the present writ petition.
3.The learned Government Advocate appearing for the respondents
submitted that at the time of passing the impugned order, the respondents
referred the interim order, dated 09.04.2019 passed by the Division Bench
of this Court in W.A(MD)No.76 of 2019 etc., batch and G.O.(Ms)No.165,
School Education (Tho.Ka.2(1) Department, dated 17.09.2019.
Subsequently, in the writ appeal batch, this Court finally issued certain
guidelines with regard to approval of appointment. In this regard, he relied
on the judgment of the Division Bench of this Court, dated 31.03.2021, in
W.A(MD)Nos.76 of 2019 etc., batch and the relevant portion of the
judgment is extracted hereunder:-
“95 (u) Till such excess teaching staff are identified under
all category of schools as indicated above, no recruitment shall
be made by the State Government / Education Department for
the purpose of appointment of teachers under various
categories like Secondary grade teacher, Graduate teacher,
Post-Graduate teacher, Language teacher, Physical education
teacher etc.,
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W.P(MD)No.10934 of 2021
(v) Like that insofar as aided minority institutions are
concerned if it is a stand along 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 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”
4. The learned Government Advocate appearing for the respondents
by relying on the above judgment submitted that if the petitioner's school
resubmitted the proposal, the respondents 3 & 4 will pass orders following
the guidelines issued by the Division Bench of this Court, dated 31.03.2021.
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W.P(MD)No.10934 of 2021
5. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents and perused
the materials available on record.
6. The petitioner's School, which is a minority educational institution,
appointed one S.Vanacka Selvi as PG Assistant (History) in the vacancy
arose due to the transfer of one N.Grace Mary PG Assistant (History).
Subsequently, the third and fourth respondents by the impugned orders,
dated 15.03.2021 and 28.04.2021 respectively, rejected the proposal for
approval of the appointment of S.Vanacka Selvi and the reasons given by
the respondents 3 and 4 are erroneous.
7. The petitioner's School, which is a minority institution, can fill up
the sanctioned vacancy without obtaining prior permission. Subsequent to
the interim order, dated 09.04.2019 in W.A(MD)No.76 of 2019 etc., batch
referred in the impugned order by the third respondent and G.O.Ms.No.165,
School Education Department, dated 17.09.2019, another Division Bench of
this Court considering the said issue in the very same Writ Appeal, has
suspended the operation of G.O.(Ms)No.165, School Education Department,
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W.P(MD)No.10934 of 2021
dated 17.09.2019, passed in pursuant to the interim order dated
09.04.2019 in W.A(MD)No.76 of 2019 etc., batch, by order, dated
20.09.2019, until further orders. Subsequently, another Division Bench of
this Court taken up W.A(MD)No.76 of 2019 etc., batch for final hearing and
considered the issue in detail, vide judgment dated 31.03.2021, in Para
95(o) declared the said Government Order as inoperative. The relevant
portion of the said judgment reads as follow:-
“95. (o) In view of the aforesaid, the G.O.Ms.No.165,
School Education [Tho.Ka.2(1)] Department, dated
17.09.2019 is hereby declared to be inoperative.”
8.In view of the subsequent interim order, dated 20.09.2019 and
judgment dated 31.03.2021 made in W.A(MD)No.76 of 2019 etc., batch, the
reliance placed by the third respondent in the impugned order on the
interim order of the Division Bench of this Court, dated 09.04.2019 and
G.O.(Ms)No.165, School Education Department, dated 17.09.2019, is
erroneous. Hence, the impugned orders passed by the respondents 3 and
4, dated 15.03.2021 and 28.04.2021 are liable to be set aside and are
hereby set aside. The respondents 3 and 4 are directed to approve the
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W.P(MD)No.10934 of 2021
appointment of S.Vanacka Selvi as PG Assistant (History). The respondents
3 and 4 are directed to approve the appointment of S.Vanacka Selvi, and
pass orders within a period of two weeks from the date of receipt of a copy
of this order and sanction and disburse all the monetary benefits to
S.Vanacka Selvi.
9.With the above directions, this Writ Petition is allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
02.07.2021
Index : Yes / No
Internet : Yes
ps
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.10934 of 2021
To
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Department of Higher Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Panagal Building,
Thanjavur District – 613 001.
4.The District Educational Officer,
Orathanaadu,
Tanjore District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10934 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.10934 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
