Madras High Court
B.Kurinjimalaron vs 5 The Cor on 18 April, 2022
W.P.No.3194 of 2020, etc. Batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.4.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.3194 of 2020, 3437 & 3439 of 2020, 5210 of 2020, 5596 of 2020,
11585 of 2020, 12959 & 12960 of 2020, 13509 of 2020, 14080 of 2020,
15338 & 15340 of 2020, 15852 & 15854 of 2020,18313, 18337,
18340, 18345, 18347, 18349, 18352, 18355 & 18358 of 2020
and 18519 & 18523 of 2020,
1179 of 2021, 10090 of 2021,10907 of 2021, 14869 of 2021, 14910
&14915 of 2021, 15908 of 2021, 16556 of 2021, 18604 of 2021, 24108 of
2021, 24753 of 2021, & 25071 of 2021,
1875 of 2022, 2582, 2599 and 2603 of 2022 and 8687 of 2022,
and
W.M.P.Nos.6157 of 2020, 6553 of 2020, 14195 of 2020, 16702 of 2020,
17472 of 2020, 19180, 19181, 19183 & 19184 of 2020, 22691 of 2020,
22719 of 2020, 22723, 22729, 22733, 22737, 22741,
22745 & 2748 of 2020, 19707, 19711 of 2020, 22959 & 22966 of 2020,
1327 of 2021, & 11543 of 2021, 10721 of 2021, 15784,
15788 of 2021, 17527 & 17529 of 2021, 20076 of 2021, 25408 of 2021,
26034 & 26035 of 2021, 26413 of 2021,
2718, 2720, 2747 and 2748 of 2022,
8609 of 2022, 2029 of 2022
W.P.No.3194 of 2020
1 B.Kurinjimalaron ... Petitioner
Vs.
1/11
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
1 The State of Tamil Nadu
Rep. by its Secretary, Education Department,
Fort St. George, Chennai 600009.
2 The Chief Educational Officer,
Kallkurichi.
3 The District Educational officer,
Kallakurichi.
4 The Block Educational Officer,
Chinnasalem, Kallakurichi District.
5 The Correspondent,
D.M.Middle School, Chinnasalem,
Kallakurichi District.
6 The Central Manager and Chairman,
Education Board D.M. Elementary
Higher Elementary School, Parikkal,
Cuddalore District. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, to call for the
records relating to the Proceedings issued by the 3rd respondent by proceeding
Na.Ka.No. 3569/ A1/ 2019 dated 07.01.2020 and to quash the same and
consequently directing the Respondents to approve the appointment of the
petitioner in the post of Secondary Grade Assistant in the 5th respondent
school from the date of appointment on 13.12.2018 with all consequential and
attendant benefits including the payment of salary from the date of
appointment along with interest within a time fame to be fixed by this
Honourable Court.
For Petitioners in W.P.Nos. 13509 of 2020,
14080 of 2020,15852, 15854 of 2020, 18313,
18337, 18340, 18345, 18347, 18349, 18352,
18355 and 18358 of 2020, 10090 of 2021,
10907 of 2021, 15908 of 2021, 24108 of 2021
and 25071 of 2021 : Mr.G.Sankaran
2/11
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
For Petitioners in W.P.Nos.5210 of 2020,
5596 of 2020, 3437 & 3439 of 2020 : Ms.P.Diyarani
For Petitioners in W.P.Nos.12959 &
12960 of 2020, 14910 & 14915 of 2021 : Mr.S.N.Ravichandran
For Petitioners in W.P.Nos.18519 of 2020,
18523 of 2020 and 18604 of 2021 : Ms.S.AmalaIrudayamery
For Petitioners in W.P.Nos.24753 of 2021,
2582, 2599 and 2603 of 2022 : Dr.Father Xavier Arulraj
Senior Counsel
For Petitioners in W.P.Nos.3194 of 2020,
15338 & 15340 of 2020 : Ms.T.Dharani
For Petitioners in W.P.Nos.14869 of 2021
and 16556 of 2021 : Ms.P.Mahalakshmi
For Petitioner in W.P.No.1179 of 2021 : Mr.P.Ganesan
For Petitioner in W.P.No.1875 of 2022 : Mr.R.Saseedaran
For Petitioner in W.P.No.11585 of 2020 : Ms.A.Amala
For Petitioner in W.P.No.8687 of 2022 : Ms.H.Mary Sowmi Rexi
For Respondents in : Mr.S.Silambannan, A.A.G.
all W.Ps. Assisted by
Mr.Abishak Murthy, G.A.
*****
COMMON ORDER
In these batch of writ petitions, some of the writ petitions are
filed by the B.T.Assistants, Secondary Grade Teachers as well as School
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
Management challenging the impugned order passed by the Educational
authorities rejecting the request for approval of the appointment to the post
of B.T.Assistant and Secondary Grade Teacher made by the School Management
and some of the writ petitions are filed seeking mandamus, directing the
educational authorities to give approval to the appointment made by the
School Management to the post of B.T. Assistant and Secondary Grade
Teacher. Therefore, all the writ petitions are heard together and common
order is being passed.
2. According to the learned counsel appearing for the petitioners,
the writ petitioners were appointed in the respective posts as B.T.
Assistant/Secondary Grade Teacher in the aided institution run by private
management and the management submitted proposal to the educational
authorities for approval of the appointment made by the School management
to the said posts. However, the educational authorities rejected the proposal
by relying upon the G.O.Ms.No.165 dated 17.9.2019 issued by the School
Education department. Challenging the rejection order passed by the
educational authorities, the petitioners have preferred the instant writ
petitions before this Court.
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W.P.No.3194 of 2020, etc. Batch
3. The learned counsel appearing for the petitioners would submit
that the Government has passed G.O.Ms.No.165 dated 17.9.2019 based on the
interim order passed by the Division Bench of this Court at Madurai in W.A.(MD)
No.76 of 2019 etc. cases (Batch), dated 9.4.2019 and thereafter, in the said
batch of cases in W.A.(MD) No.76 of 2019 the Division Bench of this Court by
judgment, dated 31.3.2021 issued comprehensive directions to the respondent
department and also this Court observed that till the rules are framed,
directions issued by the Division Bench of this Court in the aforesaid order shall
be strictly followed by both the State Government and the Educational
Institutions. The learned counsel appearing for the petitioners would further
submit that G.O.Ms.No.165 has been passed by the Government on 17.9.2019
and subsequently, the subject matter of the G.O.Ms.No.165 challenged in the
Writ Appeals in W.A.(MD) No.76 of 2019, etc. Batch cases and judgment also
passed in the aforesaid Batch cases. However, the instant writ petitioners are
not covered under the G.O.Ms.No.165 dated 17.9.2019 or the final order
passed by the Division Bench of this Court in the aforesaid Batch cases for the
reason that in the instant writ petitions, B.T. Assistants and Secondary Grade
Teachers are appointed prior to the issuance of G.O.Ms.No.165 dated
17.9.2019. The learned counsel appearing for the petitioner also drew the
attention of this Court to the Clause (t) of paragraph 95 of the aforesaid
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W.P.No.3194 of 2020, etc. Batch
judgment wherein the Division Bench of this Court has held as under:
(t) This exercise shall be completed on or
before 31st July, 2021, so that the identification of
excess staff and follow up action as indicated in the
compendium of schedule hereinabove can be
undertaken and be followed strictly''.
4. Heard the rival submissions of the parties and perused the
materials available on record.
5. The learned counsel appearing for the petitioners would submit
that the G.O.Ms.No.165 dated 17.9.2019 as well as the judgment passed by the
Division Bench of this Court in a Batch of Writ Appeals in W.A.(MD) No.76 of
2019 are prospective in nature. In the present cases, the appointment was
made prior to the Government order passed in G.O.Ms.No.165 issued by School
Education Department, dated 17.9.2019. Therefore, there is no legal
impediment for approving the appointment made by the School Management to
the aforesaid posts in the light of the existing Rules thereunder.
6. The learned Additional Advocate General submitted that as
against the judgment passed by the Division Bench of this Court in a Batch of
Writ Appeals in W.A.(MD) No.76 of 2019, etc., the State Government has
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
preferred an appeal before the Hon'ble Supreme Court in Special Leave to
Appeal (C) No.15702 of 2021. It is further submitted that the Hon'ble Supreme
Court stayed the judgment only in respect of Clause (i) of paragraph 95 of the
said judgment. Further, it is also brought to the notice of this Court that the
Division Bench in paragraph 6 of the said judgment, has observed that, ''no
fresh appointment even in the sanctioned vacancy shall be made by any school
which are managed by the Corporate Management.
7. The learned counsel appearing for the petitioners would submit
that in the instant case, no appointment was made by the School Management
pursuant to the judgment passed by the Division Bench of this Court. All the
appointments were made prior to the issuance of G.O.Ms.No.165 dated
17.9.2019 and the proposals were also sent to the educational authorities prior
to the said G.O.Ms.No.165 dated 17.9.2019. Thus, G.O.Ms.No.165 dated
17.9.2019 and the Division Bench judgment will not bind over the appointment
made by the School Management in the instant writ petitions. Therefore, the
learned counsel appearing for the petitioners seeks to quash the impugned
orders and consequently, direct the educational authorities to accord approval
to the appointment to the post of B.T. Assistant and Secondary Grade Teacher,
made by the School Management in the instant writ petitions.
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
8. According to the learned Additional Advocate General, the State
Government has preferred an appeal before the Hon'ble Supreme Court in
Special Leave to Appeal (C) No.15702 of 2021 as against the judgment passed
by the Division Bench of this Court in the Batch of Writ Appeals in W.A.(MD)
No.76 of 2019, etc. and obtained stay in sofar as Clause (i) of paragraph 95 of
the said judgment. Except the aforesaid clause (i) of paragraph 95, there was
no stay in respect of remaining portion of the judgment. It is agreed by the
learned Additional Advocate General that the writ petitioners were appointed
prior to the G.O.Ms.No.165 dated 17.9.2019 and therefore, it can be
considered and an appropriate order may be passed.
9. On perusal of the judgment of the Division Bench of this Court in
the aforesaid Batch of cases and also the G.O.Ms.No.165 issued by the School
Education Department, dated 17.9.2019, both the judgment as well as
G.O.Ms.No.165 are prospective in nature. The appointments made by the
School Management in the instant writ petitions are prior to the issuance of
G.O.Ms.No.165 dated 17.9.2019 and proposals for the said appointment were
also forwarded to the educational authorities prior to the issuance of
G.O.Ms.No.165 dated 17.9.2019. Therefore, there is no legal impediments for
the respondents to accord approval to the appointment made by the School
Management in the instant writ petitions.
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
10. Having regard to the rival submissions of the parties, taking note
of the judgment passed by the Division Bench of this Court in a Batch of Writ
Appeals in W.A.(MD) No.76 of 2019, etc., G.O.Ms.No.165 issued by the School
Education department, dated 17.9.2019 will not prohibit the educational
authorities to approve the appointment made by the School Management in the
instant writ petitions since the proposals for approval of appointment made by
the School Management were forwarded to the educational authorities prior to
the issuance of G.O.Ms.No.165 dated 17.9.2019. Therefore, this Court is of the
view that the respondent department without considering the G.O.Ms.No.165
dated 17.9.2019 in proper perspective and passed the impugned order
rejecting the proposals submitted by the School Management. Therefore, the
impugned orders passed by the respondent department are liable to be
quashed.
11. Accordingly, the impugned orders passed by the respondent
department in the aforesaid writ petitions are quashed and remitted to the
Chief Educational Officers/District Educational Officers concerned, to consider
and pass an order of approval of the appointment made by the School
management, provided the said proposals satisfies all the norms prescribed for
such appointments and as per the Rules, as expeditiously as possible preferably
within a period of 12 weeks from the date of receipt of copy of the order. It is
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W.P.No.3194 of 2020, etc. Batch
made clear that those who are appointed to the post of B.T. Assistant and
Secondary Grade Teacher prior to the issuance of G.O.Ms.No.165 dated
17.9.2019 and also, the proposals for approval of the such appointments were
forwarded to the educational authorities prior to the issuance of
G.O.Ms.No.165 dated 17.9.2019 alone are entitled to the relief granted
hereinabove.
12. With the above directions, all the writ petitions stand allowed.
No costs. Connected miscellaneous petitions are closed.
18.04.2022
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 The Secretary, State of Tamil Nadu,
Education Department, Fort St. George, Chennai 600009.
2 The Chief Educational Officer, Kallkurichi.
3 The District Educational officer, Kallakurichi.
4 The Block Educational Officer, Chinnasalem, Kallakurichi District.
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
D.KRISHNAKUMAR, J.
vaan
W.P.No.3194 of 2020, 3437 & 3439 of 2020, 5210 of 2020, 5596 of 2020,
11585 of 2020, 12959 & 12960 of 2020, 13509 of 2020, 14080 of 2020,
15338 & 15340 of 2020, 15852 & 15854 of 2020,18313, 18337,
18340, 18345, 18347, 18349, 18352, 18355 & 18358 of 2020
and 18519 & 18523 of 2020, 1179 of 2021, 10090 of 2021,10907 of 2021,
14869 of 2021, 14910 &14915 of 2021, 15908 of 2021, 16556 of 2021,
18604 of 2021, 24108 of 2021, 24753 of 2021, & 25071 of 2021,
1875 of 2022, 2582, 2599 and 2603 of 2022 and 8687 of 2022,
and
W.M.P.Nos.6157 of 2020, 6553 of 2020, 14195 of 2020, 16702 of 2020,
17472 of 2020, 19180, 19181, 19183 & 19184 of 2020, 22691 of 2020,
22719 of 2020, 22723, 22729, 22733, 22737, 22741, 22745 &
2748 of 2020, 19707, 19711 of 2020, 22959 & 22966 of 2020,
1327 of 2021, & 11543 of 2021, 10721 of 2021, 15784,
15788 of 2021, 17527 & 17529 of 2021, 20076 of 2021,
25408 of 2021, 26034 & 26035 of 2021, 26413 of 2021,
2718, 2720, 2747 and 2748 of 2022, 8609 of 2022, 2029 of 2022
https://www.mhc.tn.gov.in/judis
W.P.No.3194 of 2020, etc. Batch
Dated: 18.4.2022
https://www.mhc.tn.gov.in/judis
