Madras High Court
K.Rekha Rani vs The Director Of School Education on 5 July, 2021
W.P(MD)No.5536 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.5536 of 2021
and
W.M.P(MD)No.4389 of 2021
K.Rekha Rani ... Petitioner
vs.
1.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The Joint Director of School Education
(Higher Secondary),
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Tenkasi Educational District,
Tenkasi.
4.The District Educational Officer,
Sankarankovil Educational District,
Sankarankovil.
5.The Stella Maris Higher Secondary School,
Rep. by its Secretary,
Stella Maris Higher Secondary School,
Sivagiri, Tenkasi District. ... Respondents
1/10
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.5536 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records of the
impugned order passed by the fourth respondent herein in his impugned
proceedings in Na.Ka.No.5243/A5/2019, dated 22.02.2021 and quash the
same as illegal and consequently direct the third and fourth respondents
herein to approve the petitioner's appointment as B.T Assistant (Maths)
Teacher in Stella Maris Higher Secondary School, Sivagiri with effect from
01.06.2019 and with all attendant benefit including the arrears of salary and
allowance.
For Petitioner : Mr.V.R.Shanmuganathan
for Mr.S.Sekar
For RR 1 to 4 : Mr.P.Subbaraj
Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to quash the
impugned order passed by the fourth respondent, dated 22.02.2021 and to
direct the third and fourth respondents to approve her appointment as B.T
Assistant (Maths) Teacher in the fifth respondent School with effect from
01.06.2019 and with all attendant benefit including the arrears of salary and
allowance.
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W.P(MD)No.5536 of 2021
2.According to the petitioner, on 01.06.2019, she was appointed as
B.T Assistant (Maths) Teacher in the fifth respondent School, which is an
aided Minority Institution, due to vacancy fell on account of superannuation
of one P.Jeyaram. The abovesaid post is a regular sanctioned post with
grant-in-aid from the Government of Tamil Nadu. The fifth respondent sent
a proposal for approval of her appointment as B.T Assistant (Maths) to the
fourth respondent. The fourth respondent, by an order, dated 22.02.2021,
refused to approve her appointment on the ground that the petitioner has
not passed in TET examination. Further, in the impugned order, the fourth
respondent has stated that the approval of appointment has not been
granted and the vacancy has to be filled up only through surplus teachers,
by relying on the decision of the Division Bench of this Court in
W.A(MD)No.76 of 2019 etc., batch, dated 09.04.2019 [The
Secretary to Government, School Education Department Vs.
Iruthaya Amali and another]. Challenging the same, the petitioner has
come out with the present writ petition.
3.The learned Government Advocate appearing for the respondents 1
to 4 submitted that at the time of passing the impugned order, the
respondents referred the interim order, dated 09.04.2019, passed by the
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W.P(MD)No.5536 of 2021
Division Bench of this Court in W.A(MD)No.76 of 2019 etc., batch. Pursuant
to the said order, the Government have issued 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.,
(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
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W.P(MD)No.5536 of 2021
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 1
to 4 by relying on the above judgment submitted that if the fifth respondent
school resubmitted the proposal, the respondents 1 to 4 will pass orders
following the guidelines issued by the Division Bench of this Court, dated
31.03.2021.
5. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents 1 to 4 and
perused the materials available on record.
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W.P(MD)No.5536 of 2021
6. The fifth respondent School, which is a minority educational
institution, appointed the petitioner as BT Assistant (Maths) in the vacancy
arose due to the retirement of one P.Jeyaram. Subsequently, the fourth
respondent by the impugned order, dated 22.02.2021, refused to approve
her appointment stating that the vacancy has to be filled up only through
surplus teachers, by relying on the interim order of the Division Bench of
this Court in W.A(MD)No.76 of 2019 etc., batch, dated 09.04.2019
[The Secretary to Government, School Education Department Vs.
Iruthaya Amali and another].
7.The fifth respondent 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 fourth respondent and G.O.Ms.No.
165, School Education Department, dated 17.09.2019, another Division
Bench of this Court, by order, dated 20.09.2019, considering the said issue
in the very same Writ Appeal, has suspended the operation of G.O.(Ms)No.
165, School Education Department, 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,
until further orders. Subsequently, another Division Bench of this Court
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W.P(MD)No.5536 of 2021
taken up W.A(MD)No.76 of 2019 etc., batch for final hearing and vide
judgment dated 31.03.2021, considered the issue in detail, in Para 95(o)
declared the said Government Order as inoperative. The relevant portion of
the said judgment reads as follows:-
“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 reason given by the fourth respondent for rejecting the approval in the
impugned order by placing reliance upon the interim order of the Division
Bench of this Court, dated 09.04.2019, is erroneous. Hence, the impugned
order passed by the fourth respondent, dated 22.02.2021, is liable to be set
aside and is hereby set aside. The respondents 1 to 4 are directed to
approve the appointment of the petitioner as B.T Assistant (Maths) 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 the
petitioner.
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W.P(MD)No.5536 of 2021
9.With the above directions, this Writ Petition is allowed. No costs.
Consequently, connected Miscellaneous Petition is closed.
05.07.2021
Index : Yes / No
Internet : Yes / No
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.5536 of 2021
To
1.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The Joint Director of School Education
(Higher Secondary),
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Tenkasi Educational District,
Tenkasi.
4.The District Educational Officer,
Sankarankovil Educational District,
Sankarankovil.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.5536 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.5536 of 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
