Madras High Court
Fahmidunnisa vs 4 The Cor on 15 June, 2022
W.P.No.14240 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.6.2022
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.14240 of 2022
1 Fahmidunnisa ... Petitioner
Vs.
1 The Director of Elementary Education,
College Road, Chennai 6.
2 The District Educational Officer,
Ranipet, Ranipet District.
3 The Block Educational Officer,
Block Educational Office,
Arcot Range, Ranipet District.
4 The Correspondent,
Islamiah Boys Aided Primary School,
Melvisharam, Ranipet District 632 509. ... Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a Writ of Certiorarified Mandamus, calling for the entire
records connected with the impugned order passed by 2nd respondent vide
Na.Ka.No. 2621/A4/ 2019 dated 25.06.2020 and quash the same and
consequently direct the 2nd respondents to approve the appointment of the
petitioner as Secondary Grade Teacher in the 4th respondent school w.e.f.
16.07.2018 with all consequential benefits in the light of the order passed in
W.P. No. 3189 of 2020 dated 26.02.2020 confirmed in W.A. No. 1090/ 2021
dated 4.2.2021.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mr.T.Chezhiyan, A.G.P.
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W.P.No.14240 of 2022
******
ORDER
According to the learned counsel appearing for the petitioner,
the writ petitioner was appointed as Secondary Grade Teacher in the fourth
respondent School on 13.7.2018. The fourth respondent submitted a
proposal to the second respondent on 6.9.2018 for approval of the
appointment made by the fourth respondent School. However, the second
respondent returned the proposal by proceedings dated 25.6.2020 by citing
G.O.Ms.No.165 dated 17.9.2019. Again, the fourth respondent School re-
submitted the proposal by clarifying the returns on 20.7.2020 to the second
respondent and subsequently, dated 28.7.2021. However, no order has
been passed by the respondents. Therefore, the petitioner has filed the
present writ petition before this Court.
2. The prayer as sought for in the instant writ petition is squarely
covered by the judgment of this Court dated 18.4.2022 in W.P.No.3194
of 2020, etc. Batch case [B.Kurinjimalaron vs. The State of Tamil
Nadu rep. by its Secretary, Education Department, Fort St. George,
Chennai-9] wherein this Court held as follows:
''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
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W.P.No.14240 of 2022
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 appointments 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.
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 appointments
made by the School Management in the instant writ
petitions since the proposals for approval of
appointments 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
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W.P.No.14240 of 2022
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 appointments 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 made clear that those who are appointed to
the post of Secondary Grade Teacher/B.T.
Assistant/Middle Grade Assistant prior to the issuance
of G.O.Ms.No.165 dated 17.9.2019 and also, the
proposals for approval of such appointments were also
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.”
3. In the light of the judgment cited supra, the impugned order
passed by the second respondent is quashed and remitted to the second
respondent to consider and pass an order of approval of the appointment
made by the fourth respondent School, in the light of the judgment cited
supra, provided the said proposal satisfies all the norms prescribed for such
appointment and as per the Rules, as expeditiously as possible preferably
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W.P.No.14240 of 2022
within a period of 12 weeks from the date of receipt of copy of the order.
4. With the above directions, the writ petition stands allowed. No
costs.
15.6.2022
Speaking / Non-Speaking order
Index:Yes/No
vaan
To
1 The Director of Elementary Education, College Road, Chennai 6.
2 The District Educational Officer, Ranipet, Ranipet District.
3 The Block Educational Officer, Block Educational Office,
Arcot Range, Ranipet District.
4 The Correspondent, Islamiah Boys Aided Primary School,
Melvisharam, Ranipet District 632 509.
https://www.mhc.tn.gov.in/judis
W.P.No.14240 of 2022
D.KRISHNAKUMAR,J.
vaan
W.P.No.14240 of 2022
https://www.mhc.tn.gov.in/judis
W.P.No.14240 of 2022
Dated: 15.6.2022
https://www.mhc.tn.gov.in/judis
