Madras High Court
S.Arputharaj … vs Government Of Tamil Nadu on 12 September, 2022
W.P.No.2695 of 1996
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.2695 of 1996
S.Arputharaj … Petitioner
Vs.
1.Government of Tamil Nadu,
Represented by its Secretary,
Education, Science & Technology,
Department, Fort St.George,
Madras – 600 009.
2.Director of School Education,
Madras – 600 006.
3.District Elementary Educational Officer,
Sankarankoil,
Nellai Kattabomman District.
4.Assistant Educational Officer,
Melannelithanallur – 627 953,
Nellai Kattabomman District.
5.Johns Elementary School,
Melannelithanallur Post,
Sankarankoil Taluk,
Represented by its Manager,
Sankarankoil. … Respondents
Page No.1 of 10
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W.P.No.2695 of 1996
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order of the first respondent in
G.O.Ms.No.788, Education Department, dated 31.07.1991 and quash the
same in so far as the petitioner is concerned and direct the respondents to
approve the appointment of the petitioner as Secondary Grade Teacher.
For Petitioner : No appearance
For Respondent : Mr.C.Selvaraj
Additional Government Pleader
ORDER
This instant Writ Petition has been filed seeking to quash the
Government order in G.O.Ms.No.788, Education Department, dated
31.07.1991 and for a consequential direction to direct the respondents to
approve the appointment of the petitioner as Secondary Grade Teacher.
From the records, it is seen that the said Writ Petition was originally
dismissed by an order dated 26.04.2002 and in an appeal filed against the
same in Writ Appeal No.2047 of 2002, a Division Bench of this Court
had set aside the judgment dated 26.04.2002 and remitted the matter
back to this Court to decide afresh in light of the observation made
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W.P.No.2695 of 1996
therein. For better appreciation, relevant paragraph of the said order is
extracted hereunder:
“9.This aspect did require consideration which has
not been considered by the learned Single Judge while
dismissing the Writ Petition. In the wake of fact that the
appellant is continuing to serve the Institution and is also
being paid salary, we find that the impugned judgment
dated 26.04.2002 cannot be sustained and accordingly,
the same is set aside, but, at the same time, the primary
issue with regard to the validity of the Government Order
in G.O.Ms.No.788, dated 31.07.1991 or its impact on the
appointment of the appellant or even otherwise the
continuity of the appellant in terms of the Government
Order dated 20.08.1996 has to be adjudicated.”
2.Learned counsel for the petitioner stated that by the impugned
order, the Government had taken a decision to appoint only women
teachers in the Primary and Middle School. In view of the said policy, it
had directed the existing teachers shall be re-employed to achieve the
object that the standards 1 to 5 are handled only by women teachers. The
Government, thereafter, by G.O.Ms.No.447, Education, Science &
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W.P.No.2695 of 1996
Technology, dated 16.07.1996 had permitted 10% of male teachers to be
appointed, if there were no female teachers available. It was also further
brought to the notice of this Court that by G.O.Ms. No.197, School
Education Department, dated 21.07.2000, the Government after taking
into consideration the difficulties faced by the women teachers to work in
remote areas had directed 75% of reservation of women teachers to be
appointed as teachers for class 1 to 5 and remaining 25% was directed to
be filled from the general pool.
3.It is his further case that the petitioner was appointed as an
Intermediate Grade Teacher at Johns Elementary School at Melnarikudi
and his appointment was also recognised by the District Primary
Education Officer, Tirunelveli in his proceedings dated 01.10.1996. The
said order of recognition was made, subject to the result of the Writ
Petition to be made in the instant Writ Petition.
4.According to the learned counsel for the petitioner, the impugned
Government order has been superseded by the Government Order in
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W.P.No.2695 of 1996
G.O.Ms.No.197, dated 21.07.2000 permitting the appointment of the
male teachers in the primary school. Therefore, all that is required is that
the conditional order of recognition is made absolute and hence, sought
for appropriate direction.
5.The learned Additional Government Pleader would agree that by
the Government Order dated 21.07.2000, 25% of the teachers of the
Primary School were permitted to be appointed from the general pool
based on the rules. In this case, the petitioner was appointed as an
Intermediate Grade Teacher in the 5th respondent School and since, the
petitioner had obtained an order of interim stay in the instant Writ
Petition, his appointment was recognised subject to the result of the Writ
Petition.
6.I have considered the arguments made by the learned counsel
appearing on either side and perused the materials available on record.
7.The Division Bench of this Court by order dated 04.03.2020 had
directed the issue as to the validity of the impugned Government order to
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W.P.No.2695 of 1996
be considered in light of the subsequent facts. As admitted by the learned
counsels appearing on either side the impugned Government order in
G.O.Ms.No.788 has been superseded by the subsequent Government
order in G.O.Ms.No.197, Educational Department dated 21.07.2000.
Hence, I am of the view that there is no necessity to traverse any further,
in view of the fact that the impugned order has already been superseded
as stated supra. Hence, no further orders are required with regard to the
challenge of G.O.Ms.No.788 dated 31.07.1991, impugned in the Writ
Petition.
8.Considering the facts that the appointment of the petitioner has
already been recognised, subject to the result of the Writ Petition and
admittedly he is in continuous service pursuant to the interim orders
passed by this Court and further in the fact of supersession of the
impugned order by the subsequent G.O. dated 21.07.2000 permitting
male Teachers also to be appointed, it would only be appropriate to direct
the respondent to approve the appointment of the petitioner.
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W.P.No.2695 of 1996
9.In the light of the aforesaid findings and reasonings, this Court
directs the respondents to approve the appointment of the petitioner.
Accordingly, this Writ Petition is disposed of. However, there shall be no
order as to costs.
12.09.2022
Index: Yes/No
Internet: Yes/No
gba
To
1.The Secretary,
Education, Science & Technology,
Department, Fort St.George,
Madras – 600 009.
2.Director of School Education,
Madras – 600 006.
3.District Elementary Educational Officer,
Sankarankoil,
Nellai Kattabomman District.
4.Assistant Educational Officer,
Melannelithanallur – 627 953,
Nellai Kattabomman District.
5.Johns Elementary School,
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W.P.No.2695 of 1996
Melannelithanallur Post,
Sankarankoil Taluk,
Represented by its Manager,
Sankarankoil.
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W.P.No.2695 of 1996
K. KUMARESH BABU, J.
gba
W.P.No.2695 of 1996
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W.P.No.2695 of 1996
12.09.2022
https://www.mhc.tn.gov.in/judis
