Madras High Court
Antony Mercy vs The Secretary To The Government on 7 July, 2021
W.P(MD)No.6488 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.6488 of 2020
and
W.M.P.(MD)No.5808 of 2020
Antony Mercy ... Petitioner
vs.
1.The Secretary to the Government,
Department of School Education,
St. George Fort, Chennai.
2.The Director of School Education,
DPI Compound,
College Road, Chennai.
3.The Chief Educational Officer,
Tenkasi – 627 811,
Tenkasi District.
4.The District Educational Officer,
Tenkasi – 627 811,
Tenkasi District.
5.The Block Educational Officer,
Keelapavur,
Tenkasi District.
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6488 of 2020
6.The Manager,
Hindu Primary School,
Vellaipanaiyeripatti,
Mettur (PO),Tenkasi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records in respect
of order passed by 5th respondent in O.Mu.No.295/m1 dated 16.03.2020 and
quash the same and consequently direct the 5th respondent to approve the
appointment of the petitioner and disburse all the service and monetary benefits
from the date of the appointment (i.e., 01.08.2019).
For Petitioner : Mr.S.Chellapandian
For Respondents : Mr.K.S.Selvaganesan,
Government Advocate for R1 to R5.
ORDER
This Writ Petition has been filed challenging the order of the fifth
respondent in O.Mu.No.295/m1 dated 16.03.2020 and for a consequential
direction to the fifth respondent to approve the appointment of the petitioner and
disburse all the service and monetary benefits from the date of the appointment
(i.e., 01.08.2019).
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6488 of 2020
2. According to the petitioner, the sixth respondent school is a Minority
aided School. In the sixth respondent school, one post of Secondary Grade
Teacher fell vacant on 31.07.2019, due to the retirement of the previous
incumbent Santhi. In that vacancy, the sixth respondent school appointed the
petitioner as Secondary Grade Teacher w.e.f., 01.08.2019 The sixth respondent
school submitted a necessary proposal to the fourth respondent for approving her
appointment and disburse grant-in-aid towards her salary. The same was
forwarded to the fifth respondent. On receipt of the communication of the
proposal, the fifth respondent without giving an opportunity, rejected the same on
16.03.2020, stating that in W.A.(MD)Nos.76 of 2019 etc., batch, this Court, by
order dated 09.04.2019, directed the respondents “unless surplus posts are
deployed in needy school, do not approve the appointment made in the corporate
management till then” and the same is pending for adjudication and further stated
that the petitioner do not possess the TET qualification. Hence, the petitioner has
come out with the present Writ Petition.
3. The learned counsel appearing for the petitioner submitted that the
reason given in the impugned order is unsustainable, in view of the subsequent
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W.P(MD)No.6488 of 2020
order of the Division Bench of this Court in W.A.(MD)No.76 of 2019, dated
31.03.2021. In the said order, this Court has held that G.O.Ms.No.165, School
Education Department, dated 17.09.2019, issued in compliance of the interim
order dated 09.04.2019, referred in the impugned order, as inoperative and
therefore, prayed for setting aside the impugned order.
4. Heard the learned counsel appearing for the petitioner, the learned
Government Advocate appearing for the respondents 1 to 5 and perused the
materials carefully.
5. A reading of the impugned order shows that the fifth respondent has
rejected the request of the sixth respondent school for approval of appointment of
the petitioner as Secondary Grade Teacher in the sixth respondent school,
referring to the order of the Division Bench of this Court dated 09.04.2019, made
in W.A.(MD)Nos.76 of 2019, etc. batch. In compliance of the above said order,
the Government issued G.O.(Ms)No.165, School Education Department, dated
17.09.2019, with regard to re-deployment of surplus teachers. A Division Bench
of this Court, vide interim order dated 20.09.2019, in W.A.(MD)Nos.76 of 2019,
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W.P(MD)No.6488 of 2020
etc., batch, suspended the operation of the said Government Order until further
orders. Subsequently, another Division Bench of this Court, vide Judgment dated
31.03.2021 made the said Government Order as inoperative, in the very same writ
appeals. The fifth respondent, without considering the above legal position and
subsequent order of this Court, dated 20.09.2019 and judgment made in the very
same writ appeal dated 31.03.2021, erroneously rejected the proposal of the sixth
respondent school.
6. For the above reason, the impugned order is liable to be set aside and
accordingly, the impugned order passed by the fifth respondent vide impugned
proceeding in O.Mu.No.295/m1 dated 16.03.2020, is hereby set aside. The
respondents are directed to approve the appointment of the petitioner in the sixth
respondent school, if she is otherwise eligible and pass orders, in the light of the
guidelines issued by the Division Bench of this Court in W.A.(MD)No.76 of
2019, etc., batch, dated 31.03.2021 within a period of twelve (12) weeks from the
date of receipt of a copy of this order.
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W.P(MD)No.6488 of 2020
7. This Writ Petition is allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
07.07.2021
Index : Yes / No (1/2)
Internet : Yes / No
vsm
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.6488 of 2020
To
1.The Secretary to the Government,
Department of School Education,
St. George Fort, Chennai.
2.The Director of School Education,
DPI Compound,
College Road, Chennai.
3.The Chief Educational Officer,
Tenkasi – 627 811,
Tenkasi District.
4.The District Educational Officer,
Tenkasi – 627 811,
Tenkasi District.
5.The Block Educational Officer,
Keelapavur,
Tenkasi District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6488 of 2020
V.M.VELUMANI,J.
vsm
W.P(MD)No.6488 of 2020
and
W.M.P.(MD)No.5808 of 2020
07.07.2021
https://www.mhc.tn.gov.in/judis/
