Madras High Court
The Correspondent vs The State Of Tamil Nadu on 2 June, 2021
W.P.(MD)No.9084 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.(MD)No.9084 of 2021 and
WMP(MD) No.6840 & 6845 of 2021
The Correspondent,
Mary Immaculate High School,
Kovalam Road, Cape Comorin,
Kanyakumari District – 629 702 Petitioner
Vs.
1.The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Educational Officer,
Kanyakumari District at Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Nagercoil,
Kanyakumari District. Respondents
1/9
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
PRAYER: Writ petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned proceedings issued by the fourth respondent
District Educational Officer in O.Mu.No.7941/Aa5/2015 dated
20.12.2019 and quash the same, and further direct the fourth respondent
DEO to approve forthwith the appointment of Josephine Anand as
B.T.Assistant (Science) w.e.f 08.06.2017 in the petitioner school with
salary and all other attendant benefits.
For Petitioner : M/s. Isaac Chambers
For Respondents : Mr.P.Thilak Kumar
Counsel for Government of
Tamil Nadu
ORDER
Mr.P.Thilak Kumar, learned Government Counsel for the
Government, accepts notice on behalf of the respondents.
2. By consent, the Writ Petition is taken up for final disposal at
the admission stage itself.
3. The Writ Petition has been filed by the petitioner to quash
the impugned proceedings issued by the fourth respondent in O.Mu.No.
7941/Aa5/2015 dated 20.12.2019 and further direct them to approve the
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
appointment of Josephine Anand as B.T.Assistant (Science) w.e.f
08.06.2017 in the petitioner school with salary and all other attendant
benefits.
4.The case of the petitioner's School is that it is one among the
various institutions owned and administered by the Missionary Sisters of
the Immaculate Heart of Mary, which is a registered Society. The
petitioner's School was sanctioned with 16 teaching staffs and 2 non-
teaching staffs till the academic year 2017-2018. The post of B.T
Assistant (Science) fell vacant on 31.05.2017, due to the retirement of
the then incumbent. In that vacancy, the petitioner has appointed one
Josephine Anand as B.T Assistant (Science), w.e.f 08.06.2017 and
submitted proposal to the fourth respondent for approval, which was
returned for certain compliance. After compliance, the School
resubmitted the proposal. Since no order was passed, the petitioner filed
W.P.(MD) No.22475 of 2019, seeking a Writ of Mandamus and this
Court by order dated 25.10.2019, disposed of the said Writ Petition with
a direction to the respondents to consider the petitioner's representation
within a period of twelve weeks. Thereafter, the fourth respondent has
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
returned the proposal vide impugned proceedings in O.Mu.No.
7941/Aa5/2019 dated 20.12.2019, stating that as there are surplus posts
of B.T.Assistant in Science in the Schools run by the same Corporate
Management and directed the petitioner school to fill up the post of B.T.
Assistant (Science) by deploying the surplus teachers. Against the said
order, this Writ Petition has been filed.
5. The learned counsel for the petitioner would state that by
G.O.Ms.No.165, School Education Department, dated 17.09.2019. the
Government had directed that from 09.04.2019, the Schools ran by the
Corporate Management and other Management shall not make any fresh
appointment of teaching faculty in the vacancy caused due to any reason
unless and until the deployment of excess teachers are exhausted. He
would further state that the said Government Order itself has been
declared as inoperative by the Division Bench of this Court in W.A(MD)
No.76 of 2019 etc batch, dated 31.03.2021 and therefore the present
impugned order passed in terms of the said Government Order is liable to
be set aside. Thus, he would pray to quash the impugned order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
6.Mr.P.Thilak Kumar, the learned Government Counsel
appearing for the respondents would submit that at the time of
appointment of Josephine Anand, there were surplus teachers in the
Schools run by the same management and without appointing them, the
petitioner School appointed the said Josephine Anand in the vacancy and
therefore, the impugned order has been passed returning the proposal,
which does not require interference by this Court.
7.Heard the learned Counsel for the petitioner as well as the
respondents.
8. The relevant portion of the Judgment in W.A.(MD) No.76 of
2019, dated 31.03.2021, whereby, the Division Bench declared
G.O.Ms.No.165, “as inoperative”, is extracted hereunder.
93.7. In this regard, we like to point out that,
already the import of the interim order passed by a
Division Bench of this court in this batch of cases
on 09.04.2019 has been quoted fully. Only pursuant
to the said interim order, dated 09.04.2019, this
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
G.O.Ms.No.165 was issued, however, subsequently,
when the same batch of cases came up before yet
another Division Bench of this Court on 20.09.2019,
the import of G.O.Ms.No.165 was considered and
the Division Bench, on that date, had passed an
order, whereby, it expressed prima facie view that,
the directions issued by earlier order, date
09.04.2019 was beyond the scope of the writ
appeals. Therefore the Division Bench was of the
opinion that, the operation of the G.O.Ms.No.165,
dated 17.09.2019 shall be suspended, accordingly,
the operation was suspended until further orders.
93.8. After having gone through the two interim
orders passed by two Co-ordinate Division Benches
in this batch of cases, one is dated 09.04.2019 and
another is dated 20.09.2019, in between
G.O.Ms.No.165 was issued on 17.09.2019, we are
of the considered view that, the said G.O.Ms.No.165
ought not to have been issued as a fall out of the
interim order passed by this Court. Therefore we
are in agreement with the view expressed by a Co-
ordinate Bench of this Court by order, dated
20.09.2019, that the said G.O is a fall out of the
interim direction issued in the batch of writ appeals,
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
therefore the operation of the said G.O shall be
suspended until further orders.
93.9. In that view of the matter and the
comprehensive decision since having been arrived
at by us in this batch of cases, the said G.O.Ms.No.
165, in our considered view, can very well be
declared to be inoperative.
9.Considering the submissions made by the learned counsel
for the petitioner and in the light of the above Judgment passed by the
Division Bench in Writ Appeals in W.A.(MD) No.76 of 2019 etc., batch,
dated 31.03.2021, the impugned proceedings is liable to be set aside and
accordingly, the impugned proceedings issued by the fourth respondent
in O.Mu.No.7941/Aa5/2015 dated 20.12.2019 are hereby set aside. The
respondents are directed to approve the appointment of Josephine Anand
as B.T.Assistant (Science) w.e.f 08.06.2017 in the petitioner 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,
dated 31.03.2021, within a period of twelve weeks from the date of
receipt of a copy of this Order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
10.With the above direction, this Writ Petition is allowed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
02.06.2021
vrn
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.
To
1.The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Educational Officer,
Kanyakumari District at Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Nagercoil,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9084 of 2021
J.NISHA BANU, J.
vrn
Order made in
W.P.(MD)No.9084 of 2021 and
WMP(MD) No.6840 & 6845 of 2021
Dated 02.06.2021
https://www.mhc.tn.gov.in/judis/
