Madras High Court
Aided Muslim Committee Primary ... vs The Commissioner Of School ... on 8 July, 2021
W.P(MD)No.11363 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.11363 of 2021
and
W.M.P(MD)Nos.8897 & 8898 of 2021
Aided Muslim Committee Primary School,
Rep. by its Correspondent,
S.Sheik Shajakhan Sithik. ... Petitioner
vs.
1.The Commissioner of School Education,
O/o.The Commissioner of School Education Department,
College Road,
Chennai – 6.
2.The Director of Elementary Education,
O/o.The Director of Elementary Education,
D.P.I Complex,
Chennai – 600 006.
3.The District Educational Officer,
O/o.The District Educational Office,
Cheranmahadevi,
Ambasamudram Taluk,
Tirunelveli District.
4.The Block Educational Officer,
O/o.The Block Educational Office,
Ambasamudram Taluk,
Tirunelveli District. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11363 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writs of Certiorarified Mandamus, to call for the records relating
to the impugned order issued by the third respondent in his proceedings in
Na.Ka.No.2317/A4/2019, dated 30.03.2021 and quash the same as illegal
and consequently, to direct the third respondent to approve the
appointment of M.Sabhna Asmi Fathima as Secondary Grade Teacher with
effect from 03.07.2018 in the petitioner's School.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For Respondents : Mr.P.Subbaraj
Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to quash the
impugned order issued by the third respondent, dated 30.03.2021 and to
direct the third respondent to approve the appointment of M.Sabhna Asmi
Fathima as Secondary Grade Teacher with effect from 03.07.2018 in the
petitioner's School.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11363 of 2021
2.According to the petitioner-School, it is a Minority Private Aided
School and it is governed by the Tamil Nadu Recognized Private Schools
(Regulation) Act, 1973. The post of Head Master became vacant in the
petitioner School on account of the retirement of the incumbent and in the
said vacancy, the senior most Secondary Grade Teacher was promoted and
in the said vacancy, one M.Sabhna Asmi Fathima was appointed as
Secondary Grade Teacher on 03.07.2018 and the said appointment was
made in the sanctioned vacancy. The petitioner School submitted the
proposal dated 04.12.2018 for approval of the appointment of the said
M.Sabhna Asmi Fathima. The third respondent, vide proceedings, dated
01.02.2019, returned the proposal. Challenging the same, the petitioner
School filed a Writ Petition in W.P(MD)No.8519 of 2019. This Court, by an
order, dated 10.04.2019, disposed of the Writ Petition, remitting the matter
back to the third respondent for fresh consideration. Aggrieved by the
same, the third respondent preferred an appeal in W.A(MD)No.176 of 2020.
The Division Bench of this Court, by an order, dated 07.08.2020, dismissed
the Writ Appeal. Despite the order passed by this Court, the respondents
have not taken any action to implement the order of this Court. Hence, the
petitioner School filed Cont.P(MD)No.788 of 2021 and the same is still
pending. While so, the third respondent by impugned proceedings, dated
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W.P(MD)No.11363 of 2021
30.03.2021, once again rejected the proposal for approval of appointment
of M.Sabhna Asmi Fathima, referring the interim order of this Court, dated
09.04.2019 in W.A(MD)No.76 of 2019 etc., batch and also G.O.Ms.No.165,
School Education Department, dated 17.09.2019. Challenging the same, the
petitioner has come out with the present Writ Petition.
3.The learned counsel appearing for the petitioner School 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, another Division Bench of this Court vide order dated
20.09.2019, suspended the operation of the said Government Orders until
further orders. Thereafter, finally, on 31.03.2021, another Division Bench of
this Court declared the said Government Order as inoperative.
4.The learned Government Advocate appearing for the respondents
submitted that if the petitioner school resubmitted the proposal, the
respondents will pass orders following the guidelines issued by the Division
Bench of this Court, dated 31.03.2021.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11363 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 School, which is a Minority Private Aided School,
appointed one M.Sabhna Asmi Fathima as Secondary Grade Teacher in the
vacancy arose due to the retirement of the Headmaster.
7.The third respondent passed the impugned order, dated
30.03.2021, rejecting the request of the petitioner School for approval of
appointment of the petitioner.
8.The petitioner 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,
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11363 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 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.”
9.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 for rejection
of the proposal based 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 order
passed by the third respondent, dated 30.03.2021, is liable to be set aside
and is hereby set aside. The third respondent is directed to approve the
appointment of the petitioner as Secondary Grade Teacher and pass orders
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11363 of 2021
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.
10.With the above directions, the Writ Petition is allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
08.07.2021
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.11363 of 2021
V.M.VELUMANI,J.
ps
To
1.The Commissioner of School Education,
O/o.The Commissioner of School Education Department,
College Road,
Chennai – 6.
2.The Director of Elementary Education,
O/o.The Director of Elementary Education,
D.P.I Complex,
Chennai – 600 006.
3.The District Educational Officer,
O/o.The District Educational Office,
Cheranmahadevi,
Ambasamudram Taluk,
Tirunelveli District.
4.The Block Educational Officer,
O/o.The Block Educational Office,
Ambasamudram Taluk,
Tirunelveli District.
W.P(MD)No.11363 of 2021
08.07.2021
https://www.mhc.tn.gov.in/judis/
