Madras High Court
Shree G.K. Jain Higher Secondary ... vs The Commissioner on 5 October, 2021
W.P.No.21430 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21430 of 2021
and
W.M.P.Nos.22676 & 22678 of 2021
(Through Video Conferencing)
Shree G.K. Jain Higher Secondary School
Represented by its Correspondent,
15, 180, MS Koil St,
Pudumanaikuppam,
Royapuram, Chennai,
Tamil Nadu – 600 013. ... Petitioner
Vs
1. The Commissioner
Directorate of School Education,
DPI Campus,
College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Chennai.
3. The District Educational Officer,
Office of the District Education Office,
Chennai (East)
Chennai 600 005. ... Respondents
1/8
W.P.No.21430 of 2021
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records of the 3rd
respondent in Oo.Moo No.3450/Aa2/2019 dated 31.08.2021 and quash
the same and consequently direct the Respondents to grant approval to
Shiv Kumar Shukla as BT Assistant Hindi with effect from 04.04.2019
with all services and monetary benefits.
For Petitioner : Mr.R.Karunagaran
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate for R1 to R3
Mr.V.Vijay Shankar for R4
ORDER
This Writ Petition has been filed for a Certiorarified Mandamus to
call for the records of the 3rd respondent in Oo.Moo No.3450/Aa2/2019
dated 31.08.2021 and quash the same and consequently direct the
Respondents to grant approval to Shiv Kumar Shukla as BT Assistant
Hindi with effect from 04.04.2019 with all services and monetary
benefits.
2.By the impugned order the respondents have rejected the
proposal for approving the appointment of Mr.Shiv Kumar Shukla (Hindi
Pandit) as a Hindi teacher on the ground that the said Shiv Kumar Shukla
W.P.No.21430 of 2021
teacher has not obtained requisite qualification by writing TET, that there
is a belated representation for the proposal and that were excess teachers
in the school.
3.The learned counsel for the petitioner submits that asfar as TET
qualifications are concerned, TET qualification has been declared to be
not mandatory for minority institutions. In this connection, a reference
was made to the decision of this Court in the case of Secretary to
Government, Government of Tamil Nadu, Chennai Vs.
S.Jeyalakshmi (2016) 5 CTC 639 wherein the decision of the Hon'ble
Supreme Court in Pramati Educational and Cultural Trusts Vs.
Union of India [(2014) 8 SCC 1] were also referred.
4.She therefore submits that the objection/reasons given in the
impunged order in sofaras the TET qualification is concerned is
unsustainable. It is further submitted that the proposal was sent as early
as on 04.04.2019 when the said Hindi Pandit Shiv kumar Shukla was
appointed. However, the proposal was returned during September 2019
stating that it cannot be taken up the pending approval for the promotion
W.P.No.21430 of 2021
of the Headmaster. She therefore submits that after the promotion to the
Headmaster's post were approved on 18.12.2020, a revised proposal was
sent on 24.12.2020 and therefore the second reasons given in the
impugned order is also unsustainable. As far as the excess teachers are
concerned, the learned counsel for the petitioner submits that the issue
has been examined by the Hon'ble Division Bench before the Madurai
Bench of this Court by its order dated 31.03.2021 in a batch of Writ
Appeals and Writ Petitions in the case of Secretary to Government,
Government of TamilNadu, School Education Department and two
others Vs. Iruthaya Amali and another and batch. A reference was
made to paragraph 95 (v) from the said judgment which reads as under:-
''(v)Like that insofar as aided minority institutions are
concerned if it is a stand alone institution, their right of
appointing a teacher in a vacancy within the sanctioned
strength for the academic year 2021-22 shall not be
affected because of the identified excess teachers in other
schools. At the same time, even if the school is a minority
institution, however being administered by a joint
management or corporate management, in respect of
those schools, even though vacancy arose within the
sanctioned strength of such school or schools under
corporate management or joint management, those
vacancies shall not be filled up unless the excess staff
identified in all other schools under the same corporate
or joint management are exhausted fully and only after
exhausting the redeployment process on all excess
W.P.No.21430 of 2021
teachers identified in the group of schools under the same
corporate management, they shall be free to make
appointment afresh from open market in the vacancy if
any still, within the sanctioned strength.''
5.The learned counsel for the respondent submits that it is open for
the petitioner to give appropriate representations based on the arguments
that were advanced by this Court and therefore submits that the writ
petition may be disposed by giving a liberty to the petitioner to approach
the authorities with the above submissions.
6.Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondent and perused the orders passed
by the order of the 3rd respondent dated 31.08.2021 and the decisions
cited by the learned counsel for the petitioner.
7.As a matter of fact, the issue is covered on both the aspects
asfaras requirement for obtaining TET qualifications and regarding
excess teachers. Though it is mentioned that the said decision before the
Madurai Bench of this Court is under appeal, the order has not been
stayed till date therefore this decision is binding on all the authorities.
W.P.No.21430 of 2021
8.Considering the same, this Court is inclined to dispose this writ
petition by directing the respondents to grant approval for the
appointment of Shiv Kumar Shukla with effect from 04.04.2019 within a
period of eight weeks from the date of receipt of a copy of this order. No
costs. Consequently, connected miscellaneous petitions are closed.
05.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
rgm/jas
W.P.No.21430 of 2021
To
1. The Commissioner
Directorate of School Education,
DPI Campus,
College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Chennai.
3. The District Educational Officer,
Office of the District Education Office,
Chennai (East)
Chennai 600 005.
W.P.No.21430 of 2021
C.SARAVANAN, J.
rgm/jas
W.P.No.21430 of 2021
and
W.M.P.Nos.22676 & 22678 of 2021
05.10.2021
