Madras High Court
P.Heubert Immanuel vs The Chief Educational Officer on 14 July, 2021
W.P(MD)Nos.11759 & 11760 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)Nos.11759 & 11760 of 2021
and
W.M.P(MD)Nos.9242 & 9243 of 2021
P.Heubert Immanuel ... Petitioner in W.P(MD)No.11759/2021
N.Yoburaja ... Petitioner in W.P(MD)No.11760/2021
vs.
1.The Chief Educational Officer,
Virudhunagar District.
2.The District Educational Officer,
Virudhunagar District.
3.The Secretary,
S.H.N.Edward Higher Secondary School,
Sattur,
Virudhunagar District. ... Respondents in both W.Ps'
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writs of Certiorarified Mandamus, to call for the records
pertaining to the orders passed by the first respondent in his proceedings in
Oo.Mu.No.2042/A4/2020 and Oo.Mu.2043/A4/2020, dated 03.11.2020 and
quash the same and consequently direct the respondents to approve the
appointment of the petitioners as B.T.Assistant (English) from the date of
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.11759 & 11760 of 2021
appointment i.e., from 03.01.2019 with salary and all consequential
benefits.
For Petitioners : Mr.V.Panneer Selvam
(In both W.Ps')
For RR 1 & 2 : Mr.K.S.Selva Ganesan
(In both W.Ps') Government Advocate
COMMON ORDER
The petitioners have filed these present Writ Petitions, to quash the
order passed by the first respondent, dated 03.11.2020 and to direct the
respondents to approve the appointment of the petitioners as B.T.Assistant
(English) from the date of appointment i.e., from 03.01.2019, with salary
and all consequential benefits.
2.According to the petitioners, they have passed in B.A., (English),
B.Ed., and M.A.,(English) and were fully qualified for the post of
B.T.Assistant (English). The third respondent Management issued
Notification calling for applications to fill up the post of B.T.Assistant
(English). On seeing the Notification, the petitioners were applied, selected
and appointed as B.T.Assistant (English) by order, dated 03.01.2019. The
petitioner in W.P(MD)No.11759 of 2021 was appointed in the permanent
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.11759 & 11760 of 2021
sanctioned vacancy that arose due to retirement of Thiru.S.Christober
Jeyaseelan, Secondary Grade Teacher on 31.05.2018. The petitioner in
W.P(MD)No.11760 of 2021 was appointed in the permanent sanctioned
vacancy that arose due to promotion of Tmt.V.Arulrani, Secondary Grade
Teacher as B.T.Assistant on 02.07.2018. As per Rule 15(4) of the Tamil
Nadu Recognized Private Schools (Regulation) Rules, the management has
to get prior permission from the first respondent to fill up the post.
Therefore, the management sent proposal to the first respondent to fill up
the post of B.T.Assistant (English). The third respondent school is non-
minority aided school. Therefore, the Rule of Reservation is applicable to
the School. As per Rule of Reservation, the post is coming under the
B.C.Category. Therefore, the first respondent granted prior permission to
fill up the post of B.T.Assistant (English) by upgrading the secondary grade
teacher post as B.T.Assistant. At the time of granting prior permission, the
authorities verified all the documents and students strength, therefore,
there is no impediment to approve the appointment of the petitioners.
Since the first respondent has not passed any order, the petitioners have
filed writ petitions in W.P(MD)Nos.5440 & 5464 of 2020 to approve their
appointment. Pending writ petition, the first respondent by order dated
03.11.2020 rejecting the proposal on the ground that surplus teachers are
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W.P(MD)Nos.11759 & 11760 of 2021
working in some other school by referring G.O.(Ms)No.165, School
Education Department, dated 17.09.2019 and also referring the interim
order granted by this Court in W.A(MD)No.76 of 2019, dated 09.04.2019.
Challenging the same, the petitioners have come out with the present Writ
Petitions.
3.The learned counsel appearing for the petitioners 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 1
and 2 submitted that if the third respondent school resubmitted the
proposal, the respondents 1 & 2 will pass orders following the guidelines
issued by the Division Bench of this Court, dated 31.03.2021, in
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W.P(MD)Nos.11759 & 11760 of 2021
W.A(MD)Nos.76 of 2019 etc., batch.
5.Heard the learned counsel appearing for the petitioners and the
learned Government Advocate appearing for the respondents 1 and 2 and
perused the materials available on record.
6.The third respondent School, which is a Minority Educational
Institution, appointed the petitioner in W.P(MD)No.11759 of 2021 in the
vacancy arose due to retirement of Thiru.S.Christober Jeyaseelan,
Secondary Grade Teacher on 31.05.2018; and the petitioner in W.P(MD)No.
11760 of 2021 in the vacancy arose due to promotion of Tmt.V.Arulrani,
Secondary Grade Teacher as B.T.Assistant on 02.07.2018. The petitioners
filed writ petitions in W.P(MD)Nos.54r0 & 5464 of 2020 to approve their
appointment. Pending writ petitions, the first respondent passed the
impugned order, dated 03.11.2020, rejecting the request of the petitioners
for approval of their appointment.
7.The third 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
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W.P(MD)Nos.11759 & 11760 of 2021
referred in the impugned order by the first 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 Appeals, 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, 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.”
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 first 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
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W.P(MD)Nos.11759 & 11760 of 2021
erroneous. Hence, the impugned order passed by the first respondent,
dated 03.11.2020, is liable to be set aside and is hereby set aside. The first
respondent is directed to approve the appointment of the petitioners as
B.T.Assistant (English) 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 petitioners.
9.With the above directions, these Writ Petitions are allowed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
14.07.2021
Index : Yes / No
Internet : Yes
am
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)Nos.11759 & 11760 of 2021
To
1.The Chief Educational Officer,
Virudhunagar District.
2.The District Educational Officer,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.11759 & 11760 of 2021
V.M.VELUMANI,J.
am
W.P(MD)Nos.11759 & 11760 of
14.07.2021
https://www.mhc.tn.gov.in/judis/
