Madras High Court
S.Josephine Julia vs The District Educational Officer on 21 September, 2021
W.P(MD). No.15694 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No. 15694 of 2021
and
W.M.P.(MD) No.12642 of 2021
S.Josephine Julia
Secondary Grade Teacher,
St. Joseph's Primary School,
N.G.O. 'B' Colony, Jawagar Nagar,
Tirunelveli District. ... Petitioner
Vs.
1.The District Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The Block Educational Officer,
Palayamkottai Urban,
Tirunelveli District.
3.The Correspondent,
St. Joseph's Primary School,
N.G.O. 'B' Colony, Jawagar Nagar,
Tirunelveli District. ...Respondents
1/9
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issuance of Writ of Certiorarified Mandamus, calling for the records
relating to the impugned proceeding issued by the 1st respondent District
Education Officer in Oo. Mu. No. 5234/a2/2019 dated 16.07.2021 and the
consequential proceeding of the 2nd respondent Block Educational Officer in
O. Mu. No. 276/a2/2021 dated 16.07.2021, quash the same and further
direct the 1st respondent District Educational Officer herein to approve
forthwith the appointment of petitioner as Secondary Grade teacher in the
3rd respondent school namely, St. Joseph's Primary School, Jawagar Nagar,
w.e.f. 01.06.2018 and disburse the grant-in-aid towards her salary and
allowances w.e.f., the said date with all attendant benefits, and pass such
further or other suitable Order/Orders.
For Petitioner : Ms.A.Amala
For R1 and R2 : Mr.Veera Kathiravan,
Additional Advocate General,
Assisted by
Mr.S.Shanmugavel,
Standing Counsel for State.
ORDER
This Writ Petition has been filed for the issuance of a Writ of
Certiorarified Mandamus, calling for the records pertaining to the
impugned proceedings issued by the 1st respondent in Oo. Mu. No.
5234/a2/2019 dated 16.07.2021 and the consequential proceedings of
the 2nd in O. Mu. No. 276/a2/2021 dated 16.07.2021, quash the same
and consequently direct the 1st respondent herein to approve forthwith
the appointment of the petitioner as Secondary Grade teacher in the
3rd respondent school namely, St. Joseph's Primary School, Jawagar
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
Nagar, with effect from 01.06.2018 and disburse the grant-in-aid
towards her salary and allowances with effect from the said date with
all attendant benefits.
2. According to the writ petitioner, one post of Secondary Grade
Teacher in the third respondent school fell vacant on 01.06.2018 due
to the superannuation of the then incumbent one P. Kasthuri on
31.05.2018. In that vacant post, the petitioner was appointed on
01.06.2018 as Secondary Grade Teacher in the third respondent
School. A proposal was submitted by the third-respondent school
seeking approval of the appointment of the petitioner, which was
forwarded by the second respondent to the first respondent vide
proceedings in Na.Ka.No.254/a1/2018 dated 20.09.2018. The first-
respondent vide proceedings in O.MU.No.4375/A2/2018 dated
04.10.2018 in turn directed the the second-respondent to rectify
certain defects as pointed out therein and to resubmit the proposal and
a copy of the said proceedings was also marked to the third
respondent school. Again the second-respondent vide proceedings in
Na.Ka.No.254/a1/2018 dated 07.11.2018 recommended to the first-
respondent to approve the appointment of the petitioner. While so, the
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
first respondent has passed the impugned order on 16.07.2021 by
rejecting the said proposal on the ground that the Division Bench of
this Court has passed an interim order in W.A.(MD).No.76 of 2018
dated 09.04.2019 and also the Government order passed in
compliance with the said interim order and returned the proposal to
the third-respondent school. It was further stated by the first-
respondent that the proposal for appointment could be considered only
after the final verdict rendered by the Division Bench in the Writ
Appeal.
3. According to the learned counsel for the petitioner per se the
impugned order is illegal, as the first and second respondents have
passed the impugned order without application of mind. Further,
subsequently the said Writ Appeal was taken up for final disposal and
the same was disposed of on 31.03.2021 by issuing several directions
to fill up the surplus teachers. According to the petitioner, as the
impugned order returning the proposal for approval of the appointment
of the petitioner was without any valid reason, the same is liable to be
quashed.
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
4. The learned Additional Advocate General appearing for the
first and second-respondents, gone through the impugned order, has
fairly submitted that the aforesaid interim order passed by this Court
was subsequently decided by the Division Bench of this Court in a
batch of Writ Appeals and rendered a common judgment on
31.03.2021 and the aforesaid fact was not taken note of by the official
respondents, as rightly submitted by the learned counsel appearing
for the petitioner. Hence, the reason as stated in the impugned order
for returning the proposal is liable to be set aside.
5. As rightly submitted by the learned counsel for the petitioner
the first respondent has passed the impugned order totally on non
application of mind. It is further pointed out by the learned counsel for
the petitioner that the petitioner was appointed as Secondary Grade
Teacher on 01.06.2018, much earlier to the interim order passed by
the Hon'ble Division Bench in the Writ Appeal on 09.04.2019. Further,
it is argued that the first-respondent has omitted to scrupulously follow
the interim order of the Hon'ble Division Bench, which specifically
directed that “There shall not be any fresh appointment from today in
private aided schools till surplus teachers in other schools coming
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
under the same management are exhausted”. As such the order of
the Hon'ble Division Bench was clear that on and from 09.04.2019,
there shall be no fresh appointment, whereas the appointment of the
petitioner was made much earlier to this date, namely on 01.06.2018.
This crucial aspect the first-respondent has omitted to observe and
further the first-respondent has also not taken note of the final verdict
rendered by the Division Bench in a batch of Writ Appeals. On the
other hand, he simply returned the proposal without any valid reason.
Therefore, this court has no hesitation to set aside the reasons stated
in the said order.
6. In view of the above, it is directed that the third respondent
shall resubmit the said proposal to the first respondent through the
second respondent within a period of three weeks from the date of
receipt of a copy of this order. On such proposal being re-submitted
by the third respondent, the first respondent shall consider and pass
orders in accordance with law after giving opportunity to the third-
respondent school to place relevant materials before the first
respondent. The said exercise shall be completed 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.15694 of 2021
7. In fine, the impugned order is quashed and the Writ Petition
is disposed of with the above directions. No costs. Consequently,
connected Miscellaneous Petition is closed.
21.09.2021
Index : Yes/No
Internet : Yes /No
mnr
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
To
1.The District Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The Block Educational Officer,
Palayamkottai Urban,
Tirunelveli District.
3.The Correspondent,
St. Joseph's Primary School,
N.G.O. 'B' Colony, Jawagar Nagar,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15694 of 2021
D.KRISHNAKUMAR, J.
mnr
W.P.(MD) No. 15694 of 2021
and
W.M.P.(MD) No.12642 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis/
