Madras High Court
The Correspondent vs The State Of Tamil Nadu on 15 July, 2021
W.P(MD)No.11913 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.11913 of 2021
and
W.M.P(MD)Nos.9350 & 9351 of 2021
The Correspondent,
Punitha Arokia Annai Primary School,
Annai Nagar,
Pulvayal Post,
Pudukottai District – 622 104. ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Commissioner of School Education,
College Road,
Chennai – 600 006.
3.The District Educational Officer,
Illupur,
Pudukottai District.
4.The Block Educational Officer,
Anna Vasal,
Pudukottai District. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11913 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 issued by the third respondent/District Educational
Officer in O.Mu.No.2000/A2/2020, dated 29.06.2021, denying approval to
the appointment of S.Sebasteen Suganya as Secondary Grade Teacher and
quash the same and further direct the third respondent/District Educational
Officer to approve forthwith the appointment of S.Sebasteen Suganya as
Secondary Grade Teacher in the petitioner-School with effect from
01.08.2019 with all attendant benefits including arrears of salary and
allowances.
For Petitioner : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondents : Mr.K.S.Selvaganesan
Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to quash the
impugned order issued by the third respondent, dated 29.06.2021, denying
approval to the appointment of S.Sebasteen Suganya as Secondary Grade
Teacher and to direct the third respondent to approve forthwith the
appointment of S.Sebasteen Suganya as Secondary Grade Teacher in the
petitioner-School with effect from 01.08.2019 with all attendant benefits
including arrears of salary and allowances.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11913 of 2021
2.According to the petitioner-School, it is a recognized aided Minority
Institution. The School is sanctioned with only two teaching posts viz., 1
Head Master and 1 Secondary Grade Teacher. The post of Secondary Grade
Teacher fell vacant on 01.08.2019 due to the promotion of the then
incumbent R.Velkan as Headmistress on 31.07.2019. In that vacancy, the
petitioner School appointed one S.Sebasteen Suganya as Secondary Grade
Teacher with effect from 01.08.2019 and she joined on that day. The
petitioner school submitted a proposal to the fourth respondent on
10.08.2019, for giving approval to the appointment of the said Secondary
Grade Teacher and the fourth respondent forwarded the same to the third
respondent. The third respondent returned the proposal by raising certain
queries. After several returns and rectifying the mistakes, the third
respondent, by impugned order, dated 29.06.2021, declined to approve the
appointment of the petitioner. 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 third respondent
referring 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
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11913 of 2021
School Education Department dated 17.09.2019 returned the proposal for
approval of appointment of S.Sebasteen Suganya as Secondary Grade
Teacher in the petitioner School with effect from 01.08.2019, stating that
only after deployment of surplus Teachers, the proposals seeking approval
can be considered. The learned counsel for the petitioners submitted that
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 Order until further orders. Thereafter, finally, on 31.03.2021,
another Division Bench of this Court in the same Writ Appeal batch declared
the said Government Order as inoperative and hence, the reason given by
the third respondent is not valid and prayed for allowing the Writ Petition.
4.The learned Government Advocate appearing for the respondents
submitted that if the petitioner school resubmits the proposal, the
respondents will pass orders following the guidelines issued by the Division
Bench of this Court in W.A(MD)No.76 of 2019 etc., batch dated 31.03.2021.
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11913 of 2021
6.The petitioner School, which is a recognized aided minority
institution, appointed one S.Sebasteen Suganya as Secondary Grade
Teacher in the vacancy that arose due to the promotion of R.Velkan as
Headmistress. The third respondent, by the impugned order, dated
29.06.2021, returned the proposal of the petitioner School for approval of
appointment of S.Sebasteen Suganya as Secondary Grade Teacher, by
referring to 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 Department dated 17.09.2019 stating that only after
deployment of surplus Teachers, the proposal seeking approval can be
considered.
7.The petitioner School, which is a Minority Institution, can fill up the
sanctioned vacancy without obtaining prior permission. Subsequent to the
said 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 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
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11913 of 2021
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 took 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) declaring 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 third respondent in the impugned order for returning
the proposal based on the interim order of the Division Bench of this Court,
dated 09.04.2019 is erroneous. Hence, the impugned order passed by the
third respondent, dated 29.06.2021, is liable to be set aside and is hereby
set aside. The petitioner School is directed to re-submit the proposal within
a period of two weeks from the date of receipt of a copy of this order. On
such re-submission, the third respondent is directed to consider the same,
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11913 of 2021
taking into consideration the Judgment of the Division Bench of this Court
dated 31.03.2021 and pass orders on merits and in accordance with law,
within a period of two weeks, from the date of receipt of a copy of the
proposal.
9.With the above directions, the Writ Petition is allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
15.07.2021
Index : Yes / No
Internet : Yes
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.11913 of 2021
V.M.VELUMANI,J.
ps
To
1.The Secretary,
Represented by the State of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Commissioner of School Education,
College Road,
Chennai – 600 006.
3.The District Educational Officer,
Illupur,
Pudukottai District.
4.The Block Educational Officer,
Anna Vasal,
Pudukottai District.
W.P(MD)No.11913 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
