Madras High Court
A.Kingsly Belbin vs The Secretary To The Government on 22 June, 2021
W.P(MD)No.18114 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.18114 of 2018
A.Kingsly Belbin ... 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,
Tirunelveli,
Tirunelveli District.
4.The District Educational Officer,
Tirunelveli District,
Tirunelveli.
5.The Correspondent,
Cathedral Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... Respondents
1/10
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W.P(MD)No.18114 of 2018
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for the records relating
to the impugned proceedings issued by the fourth respondent in Na.Ka.No.
2419/A3/2017, dated 24.07.2018 and quash the same and consequently
direct the respondents to pass appropriate orders permitting the conversion
of the post of vocational Instructor (Agriculture) into Music Instructor with
all other consequential service and monetary benefits with effect from
24.08.2017.
For Petitioner : Mr.V.R.Shanmuganathan
for Mr.S.Chellapandian
For RR 1 to 4 : Mr.P.Subbaraj
Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to quash the
impugned proceedings issued by the fourth respondent, dated 24.07.2018
and to direct the respondents to pass appropriate orders permitting the
conversion of the post of vocational Instructor (Agriculture) into Music
Instructor with all other consequential service and monetary benefits with
effect from 24.08.2017.
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W.P(MD)No.18114 of 2018
2.According to the petitioner, he is being fully qualified to be appointed
as Music Teacher on 01.06.2017. One post of pre-vocational Instructor
(Agriculture) in the fifth respondent School, fell vacant due to the retirement
of one Yesudasan Barnadas on 31.05.2017. Considering the request of the
Parent Teachers Association and non-availability of water, the fifth
respondent Management decided to convert the said post of pre-vocational
Instructor (Agriculture) into that of pre-vocational Instructor (Music), as per
the guidelines issued in G.O(Ms)No.39, Education (D1) Department, dated
21.03.2003 and made a request to the respondents 1 to 4 to convert the
pre-vocational Instructor (Agriculture) into pre-vocational Instructor
(Music). The said request was not considered by the respondents 1 to 3.
The fifth respondent appointed the petitioner in the said post as Music
Teacher on 24.08.2017 and sent a proposal on 24.08.2017, for approval of
the appointment of the petitioner as pre-vocational Instructor (Music) to the
fourth respondent. The fourth respondent returned the proposal by
proceedings, dated 18.05.2018. The fifth respondent again re-submitted the
proposal on 11.06.2018 with detailed explanation. Without considering the
same, the fourth respondent rejected the proposal submitted by the fifth
respondent, by proceedings, dated 24.07.2018. Challenging the same, the
petitioner has come out with the present Writ Petition.
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W.P(MD)No.18114 of 2018
3.The learned counsel appearing for the petitioner submitted that
when a vacancy arose in a sanctioned post, the School is entitled to fill up
the said post as per the Rules and Regulations. The fourth respondent
rejected the proposal submitted by the fifth respondent citing administrative
instructions given in G.O(Ms)No.39, School Education (D1) Department,
dated 21.03.2003. In support of his contention, the learned counsel
appearing for the petitioner relied on the order of this Court in W.P(MD)No.
11501 of 2008, dated 20.09.2010 (Management of RC School Vs. Director
of Elementary Education and another) and the Judgment of the Division
Bench of this Court in W.A(MD)Nos.22 and 23 of 2017, dated 20.02.2018
(The Secretary, School Education Department and others Vs. The
Correspondent, R.C.Middle School, Nedunkulam, Tuticorin District) and the
order of the Division Bench of this Court in W.P(MD)No.24071 of 2017,
dated 20.02.2018 (The Secretary, Guruvappa Higher Secondary School,
Niekarapatti Vs. The Secretary, Department of School Education and others)
and submitted that the Division Bench permitted the Management to
convert the post of vocational Instructor of a particular subject into any
other subject depending upon the need of the students and the School. The
fourth respondent erroneously rejected the proposal citing G.O(Ms)No.39,
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W.P(MD)No.18114 of 2018
School Education (D1) Department, dated 21.03.2003 and denied the
approval and prayed for allowing the Writ Petition.
4.The respondents 1 to 4 have filed the counter-affidavit.
5.Mr.P.Subbaraj, learned Government Advocate appearing for the
respondents 1 to 4 submitted that the fifth respondent School has
sanctioned only vocational Instructor (Agriculture) post. No post of music
teacher is sanctioned to the fifth respondent School. The fifth respondent
School is bound by instructions issued in the Government Order from time
to time. As per the provisions of the Tamil Nadu Private Schools and
Regulation Act, the Management has to appoint a person, who is qualified to
the post. The fifth respondent has no right to convert the post. Hence, the
proposal sent by the fifth respondent School for approval of the
appointment of the petitioner was rightly rejected by following the
Government Order. The post of vocational Instructor (Agriculture) was
abolished on the retirement of the incumbent of a particular person and
appointment of the petitioner as vocational Instructor (Music) in
non-existing post and prayed for dismissal of the Writ Petition.
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W.P(MD)No.18114 of 2018
6.Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents 1 to 4 and
perused the entire materials available on record.
7.In the facts referred to above, it revealed that the post of vocational
Instructor (Agriculture) fell vacant in the fifth respondent School on
01.06.2017. According to the fifth respondent, there was no demand from
the students and non-availability of water and request of the Parent
Teachers Association, the said post was decided to convert into vocational
Instructor (Music) and sent representation to the respondents 1 to 4 for
such conversion. No order was passed on the said proposal. The fifth
respondent converted the post as vocational Instructor (Music) and
appointed the petitioner as vocational Instructor (Music). The proposal sent
by the fifth respondent for approval of the appointment of the petitioner to
the fourth respondent was rejected citing G.O(Ms)No.39, School Education
(D1) Department, dated 21.03.2003. This issue was considered by this
Court in the following Writ Petition and Writ Appeals:-
(i) W.P(MD)No.24071 of 2017, dated 20.02.2018 (The
Secretary, Guruvappa Higher Secondary School Vs. The
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W.P(MD)No.18114 of 2018
Secretary to Government, Department of School Education and
others)
(ii) W.A.Nos.22 and 23 of 2017, dated 20.02.2018 (The
Secretary, School Education Department and others Vs. The
Correspondent, R.C.Middle School, Nedungulam, Sattankulam,
Tuticorin District).
(iii) W.P(MD)No.11501 of 2008, dated 20.09.2010
(Management of RC School Vs. Director of Elementary Education
and another).
8.Further, the Division Bench of this Court in W.A(MD)Nos.22 and 23
of 2017, vide Judgment dated 20.02.2018, considered the very same issue
namely, for conversion of post of vocational Instructor between the branch
of Sewing and Music and dismissed the Writ Appeals filed by the
Government against the order of the learned Single Judge, dated
11.11.2014, allowing the Writ Petitions in W.P(MD)Nos.1764 of 2010 etc.,
batch. The reasons given in the order and Judgment referred to above are
squarely applicable to the facts of the present case. The respondents 1 to 4
ought to have considered the proposal sent by the fifth respondent in
approving the appointment of the petitioner as vocational Instructor (Music)
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W.P(MD)No.18114 of 2018
in the light of the orders of this Court. The issue of conversion is no longer
res integra, as this Court in the earlier proceedings approved the conversion
and directed the authorities to approve the appointment and pay all the
monetary benefits.
9.In view of the orders and Judgments referred to above, the
impugned order is liable to be set aside and the same is set aside. The fifth
respondent is directed to re-submit the proposal to the respondents 1 to 4
within a period of two weeks from the date of receipt of a copy of this order.
On receipt of such proposal, the respondents 1 to 4 are directed to approve
the appointment of the petitioner taking into consideration the orders of this
Court in the Writ Appeal and Writ Petitions and pay all monetary benefits to
the petitioner within a period of six weeks from the date of receipt of a copy
of this order.
10.With the above direction, this Writ Petition is allowed. No costs.
22.06.2021
Index : Yes / No
Internet : Yes / No
ps
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W.P(MD)No.18114 of 2018
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 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,
Tirunelveli,
Tirunelveli District.
4.The District Educational Officer,
Tirunelveli District,
Tirunelveli.
5.The Correspondent,
Cathedral Higher Secondary School,
Palayamkottai,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18114 of 2018
V.M.VELUMANI,J.
ps
W.P(MD)No.18114 of 2018
22.06.2021
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