Madras High Court
Central Higher Secondary School vs The Chief Educational Officer on 23 June, 2021
W.P.(MD)No.22413 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD)No.22413 of 2019
and
W.M.P(MD)No.19201 of 2019
Central Higher Secondary School,
Kayalpatnam-628 204,
Tuticorin District,
Rep. by its Correspondent. ... Petitioner
Vs.
1.The Chief Educational Officer,
Tuticorin District,
Tuticorin-628 002.
2.The District Educational Officer,
Tiruchendur-628 215,
Tuticorin District.
3.R.Pavithra Devi ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned proceeding passed by the second
respondent in his proceedings O.Mu.No.4311/A4/2019 dated
04.10.2019 and quash the same as illegal and consequently direct
the first respondent to approve the appointment of the third
respondent as B.T.Assistant (English) in the petitioner school with
1/7
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W.P.(MD)No.22413 of 2019
effect from 01.07.2019 in pursuance of the petitioner proposal
dated 09.09.2019 along with salary grant within the period that
may be stipulated by this Court.
For Petitioner : Mr.M.E.Ilango
For R1 & R2 : Mr.P.Subbaraj
Government Advocate
ORDER
This writ petition is filed to quash the impugned proceeding
passed by the second respondent, in his proceedings O.Mu.No.
4311/A4/2019 dated 04.10.2019 and to direct the first respondent
to approve the appointment of the third respondent as B.T.Assistant
(English) in the petitioner school with effect from 01.07.2019 in
pursuance of the petitioner proposal, dated 09.09.2019 along with
salary grant within the period that may be stipulated by this Court.
2. The petitioner's School is a private aided minority
institution. The petitioner's school appointed the third respondent
as B.T.Assistant (English) on 01.07.2019 in a vacancy caused due to
the voluntary retirement of an incumbent Secondary Grade Teacher
Mr.Alicia Rodrigo on 01.07.2019. The third respondent is fully
qualified to be appointed in the said post. The petitioner's school
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W.P.(MD)No.22413 of 2019
has also sent a proposal dated 09.09.2019 to the first respondent
for approval of appointment of the third respondent. The second
respondent, by his proceedings dated 04.10.2019, had returned the
proposal for approval of appointment stating that Mrs.Alica
Rodrigo, working as Secondary Grade Teacher went on Voluntary
Retirement and as such, no order upgrading the post of Secondary
Grade Teacher to B.T.Assistant and allocating the subject was
attached. The TET certificate of Mrs.Pavithra Devi should be
enclosed and in view of the order passed by this Court in W.A.
(MD)No.76/2019, dated 09.04.2019, the Government has passed
G.O.(Ms)No.165, School Education (Thoka.2(1) Department, dated
17.03.2019, and in view of the same, no surplus post certificate
issued by the Correspondent, need to be enclosed. The petitioner
has come out with the present writ petition challenging the said
order.
3. Heard the learned counsel appearing for the petitioner and
the learned Government Advocate appearing for the respondents
1 & 2 and perused the materials available on record.
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W.P.(MD)No.22413 of 2019
4. From the impugned order, it is seen that the request of the
petitioner School for approval of appointment of the third
respondent as B.T.Assistant (English) was rejected on the ground
that the petitioner School appointed the third respondent as
B.T.Assistant (English) in the place of one Alica Rodrigo, who was
working as Secondary Grade Teacher and went on voluntary
retirement and no order upgrading the post of Secondary Grade
Teacher to B.T.Assistant was attached and T.E.T., Certificate of the
third respondent should be enclosed and in view of G.O(Ms) No.
165, School Education Department, dated 17.03.2019, which was
passed pursuant to the order of this Court, dated 09.04.2019, made
in W.A(MD)Nos.76 of 2019 etc. batch, no surplus teacher post
certificate issued by the correspondent to be enclosed. The said
reasonings are erroneous on the following grounds:-
(I) As per the judgment of this Court, dated 14.11.2017, made
in W.A.(MD)No.1350 of 2017 [ The Secretary to Govt., Department
of School Education and others vs. J.Remila and another], no prior
approval for upgradation and allotment of subject is required for
minority institution.
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W.P.(MD)No.22413 of 2019
(ii) Insofar as denying approval to the appointment for want
of pass in Teachers Eligibility Test (TET) is concerned, it is well
settled legal position that in the matters of appointment of teachers
in a minority educational institution, the teachers can be appointed
even without passing the Teachers Eligibility Test.
(iii) 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, 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) I n 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.”
5.In view of the above, the reason given by the second
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W.P.(MD)No.22413 of 2019
respondent for rejecting the proposal for approval of appointment
of the third respondent is erroneous. Hence, the impugned order
passed by the second respondent, dated 04.10.2019, is set aside.
The petitioner is directed to resubmit the proposal to the second
respondent. On receiving such proposal, the second respondent is
directed to consider the same and grant approval as per law
prevailing at present.
6. With the above direction, the writ petition is allowed. No
costs. Consequently, connected miscellaneous petition is closed.
23.06.2021
Index:Yes/No
Internet:Yes/No
am
To
1.The Chief Educational Officer,
Tuticorin District,
Tuticorin-628 002.
2.The District Educational Officer,
Tiruchendur-628 215,
Tuticorin District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.22413 of 2019
V.M.VELUMANI,J.,
am
W.P.(MD)No.22413 of 2019
23.06.2021
https://www.mhc.tn.gov.in/judis/
