Madras High Court
Sri Onnuramaswamy Middle School vs The State Of Tamilnadu on 23 June, 2021
W.P.(MD)No.20857 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.20857 of 2019
and
W.M.P(MD)Nos.17437, 17439 & 17441 of 2019
Sri Onnuramaswamy Middle School,
Thevaram,
Theni District,
Rep. by its President,
O.R.Sudandradoss. ... Petitioner
Vs.
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
School Education Department,
St. George Fort,
Chennai-9.
2.The Director of Elementary Education,
O/o.the Directorate of Elementary Education,
DPI Compound,
College Road, Chennai-6.
3.The Chief Educational Officer,
O/o.the Chief Educational Officer,
Theni,
Theni District.
4.The District Educational Officer,
O/o.the District Educational Officer,
Uthamapalayam,
Theni District.
1/8
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.20857 of 2019
5.The Block Educational Officer,
O/o.the Block Educational Officer,
Uthamapalayam,
Theni District. ... 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 order issued by the first
respondent in his proceedings in murhiz (epiy) vz;.165 gs;spf;fy;tp
(njhf.2(1)j;Jiw dated 17.09.2019 and consequential impugned order
passed by the fifth respondent in his proceedings in mjpK.vz;.
974/m2/19 dated 27.06.2019 and the consequential impugned order
passed by the fourth respondent in his proceedings in e.f.vz;.4427-
M2-2019 dated 21.08.2019 and quash the same as illegal and
consequentially to direct the respondents to approve the
appointment of the petitioner as B.T.Assistant (English) w.e.f.,
06.06.2019 with all attendant monetary benefits within the period
that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For Respondents : Mr.P.Subbaraj
Government Advocate
ORDER
This writ petition is filed to quash the impugned order of the
first respondent, vide G.O.(Ms)No.165, School Education
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W.P.(MD)No.20857 of 2019
Department, dated 17.09.2019 and consequential impugned order
passed by the fifth respondent, vide mjpK.vz;.974/m2/19, dated
27.06.2019 and the consequential impugned order passed by the
fourth respondent, vide e.f.vz;.4427-M2-2019, dated 21.08.2019 and
consequently, to direct the respondents to approve the appointment
of the petitioner as B.T.Assistant (English) w.e.f., 06.06.2019 with
all attendant and monetary benefits.
2. The petitioner's School is a private aided Linguistic
Minority School. In the said School, incumbent Head Master
namely, O.R.Mohan Rajan retired from service on 31.05.2019 on
attaining the age of superannuation. In the said vacancy, one
R.Veeralakshmi, who worked as B.T. Assistant (Science), was
promoted as Headmistress on 06.06.2019. The said promotion was
approved by the fourth respondent, by his proceedings, dated
16.08.2019. The petitioner filled up the vacancy of B.T.Assistant
post by appointing one Deepika B.T.Assistant (English) on
06.06.2019 and sent proposals for conversion of post from B.T.
Assistant (Science) to B.T. Assistant (English) and approval of
appointment of the said Deepika. The fifth respondent, by the
impugned proceedings dated 27.06.2019, rejected the approval for
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W.P.(MD)No.20857 of 2019
appointment relying on 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 relying on G.O.(Ms)No.165, School Education
Department, dated 17.09.2019. Subsequently, the fourth
respondent, vide order dated 21.08.2019, rejected the proposal of
the petitioner by relying upon the interim order passed by the
Division Bench of this Court, dated 09.04.2019, in W.A.(MD)Nos.76
of 2019 etc. batch. The petitioner has come out with the present
writ petition challenging the said orders.
3. Heard the learned counsel appearing for the petitioner and
the learned Government Advocate appearing for the respondents
and perused the materials available on record.
4. From the impugned orders, it is seen that the request of
the petitioner School for conversion of post was rejected on the
ground that the vacancy arose in the petitioner School is only B.T.
Assistant (Science) and not B.T. Assistant (English) by relying upon
the order passed by the Division Bench of this Court, dated
09.04.2019, in W.A.(MD)Nos.76 of 2019 etc. batch. The said
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W.P.(MD)No.20857 of 2019
reasoning is erroneous. The petitioner School is a Middle School,
where one B.T. Assistant (Science) is already working as
Headmistress and therefore, need of petitioner School is only B.T.
Assistant (English). Appointment of B.T.Assistant (Science) in the
petitioner School will be redundant. The fifth respondent failed to
consider the need of the petitioner School and in a mechanical
manner, returned the proposal submitted by the petitioner School.
As far as the proposal for approval of the appointment of Deepika
B.T.Assistant (English) is concerned, the fourth respondent has
rejected the proposal by relying on 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. 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
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W.P.(MD)No.20857 of 2019
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.”
5.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 reason given by the respondents 4 and 5 for
rejecting the proposal for approval of the appointment of Deepika is
erroneous. Hence, the impugned orders passed by the respondents
5 and 4, dated 27.06.2019 and 21.08.2019 respectively, are set
aside. The prayer challenging G.O.(Ms)No.165, School Education
Department, dated 17.09.2019, has become infructuous. The
petitioner is directed to resubmit the proposal to the fourth
respondent. On receiving such proposal, the fourt respondent is
directed to consider the same and grant approval as per law
prevailing at present.
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W.P.(MD)No.20857 of 2019
6. With the above direction, the writ petition is allowed. No
costs. Consequently, connected miscellaneous petitions are closed.
23.06.2021
Index:Yes/No
Internet:Yes/No
am
To
1.The Secretary to Government,
School Education Department,
St. George Fort,
Chennai-9.
2.The Director of Elementary Education,
DPI Compound,
College Road, Chennai-6.
3.The Chief Educational Officer,
Theni, Theni District.
4.The District Educational Officer,
Uthamapalayam,
Theni District.
5.The Block Educational Officer,
Uthamapalayam,
Theni District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.20857 of 2019
V.M.VELUMANI, J.
am
W.P.(MD)No.20857 of 2019
23.06.2021
https://www.mhc.tn.gov.in/judis/
