Madras High Court
R.Grace Pappa vs The Commissioner Of School ... on 8 August, 2023
W.P.(MD).No.25194 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.25194 of 2022
and
W.M.P(MD)No.19290 of 2022
R.Grace Pappa ... Petitioner
Vs.
1.The Commissioner of School Education,
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Tenkasi,
Tenkasi District.
3.The District Educational Officer,
Tenkasi,
Tenkasi District.
4.The Correspondent,
C.E.T Tennyson High School,
Keela Kalangal,
Tenkasi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, to call for the
records relating to condition No.4 in impugned proceedings issued by
the first respondent herein vide in O.Mu.No.4204/D2/E3/2021, dated
1/10
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W.P.(MD).No.25194 of 2022
19.07.2021 (signed on 03.09.2021) and impugned proceedings issued
by the third respondent herein vide in O.Mu.No.3042/Aa4/2021, dated
02.12.2021 and quash the same and further direct the respondents 2
and 3 herein to approve the petitioner's appointment as B.T Assistant
(Science) in the fourth respondent School with effect from the date of
appointment viz., 01.06.2018 with salary and attendant benefits.
For Petitioner : Mr.A.Ajith Geethan
For RR 1 to 3 : Mr.N.Ramesh Arumugam
Government Advocate
For R – 4 : No appearance
ORDER
The present Writ Petition has been filed for issuance of a
Writ of Certiorarified Mandamus, to quash the condition No.4 in
impugned proceedings issued by the first respondent herein vide in
O.Mu.No.4204/D2/E3/2021, dated 19.07.2021 (signed on 03.09.2021)
and impugned proceedings issued by the third respondent herein vide
in O.Mu.No.3042/Aa4/2021, dated 02.12.2021 and further direct the
respondents 2 and 3 herein to approve the petitioner's appointment as
B.T Assistant (Science) in the fourth respondent School with effect
from the date of appointment viz., 01.06.2018 with salary and
attendant benefits.
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W.P.(MD).No.25194 of 2022
2.Heard Mr.A.Ajith Geethan, learned counsel appearing for
the petitioner and Mr.N.Ramesh Arumugam, learned Government
Advocate appearing for the respondents 1 to 3 and perused the
materials available on record.
3.The petitioner is working as B.T Assistant (Science) in
the fourth respondent School which is a recognized aided minority
single management institution. Due to the promotion of the previous
incumbent, one T.Devarajan as Headmaster on 01.06.2018, one post
of B.T Assistant (History) fell vacant in the fourth respondent School.
In the said sanctioned post, the petitioner was appointed as B.T
Assistant (Science) with effect from 01.06.2018. In the staff fixation
issued for the academic year 2018-2019 on 13.03.2019, the
petitioner's post was showed as a needed post and was referred as B.T
Assistant (History) in the staff fixation. Thereafter, in April 2019, the
fourth respondent School submitted the proposal to the second
respondent, seeking permission to convert the subject from B.T
Assistant (History) to B.T Assistant (Science). The said proposal was
forwarded by the second respondent to the first respondent on
31.07.2019. The same was returned by the first respondent vide
proceedings dated 01.10.2019 seeking certain clarifications. The fourth
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W.P.(MD).No.25194 of 2022
respondent School immediately resubmitted the proposal on
30.10.2019. After two years, on 19.07.2021, the first respondent
passed the impugned order granting permission to convert the subject
from History to Science subject to the condition that the said
conversion would come into effect only from the date of issue of the
order ie., with effect from 19.07.2021. Challenging the same, the
fourth respondent School submitted the proposal to the District
Educational Officer on 14.09.2021 along with an order of post-
conversion requesting to approve the appointment of the petitioner as
B.T Assistant (Science) with effect from her date of appointment, ie.,
from 01.06.2018. Even after that fact, vide second impugned order,
dated 02.12.2021, the third respondent returned the proposal stating
that the proposal shall be considered only after the final order is
passed in S.L.P which is preferred as against the order passed in
W.A(MD)No.76 of 2019.
4.The learned Government Advocate has filed a counter-
affidavit and submitted that the fourth respondent School Management
was directed to get prior permission for subject conversion by stating
the necessity so as to enable the deployed surplus teachers available
in the particular subject. If the prior permission is dispensed with then
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W.P.(MD).No.25194 of 2022
the appointment made by the School Management contrary to the
requirements of the School would be approved by the Department and
here the prior permission is not dispensed with and hence, this Writ
Petition is liable to be dismissed.
5.The learned counsel appearing for the petitioner relied
upon the order passed by this Court in C.Wilson Sundar Raj Vs.
Director of School Education and others reported in (2012) 3
MLJ 678. The relevant portion applicable to this case is extracted as
follows:-
“12.A perusal of the Judgments, which are
relied on by the learned counsel for the petitioner
support his case for seeking approval of the post of
P.G Assistant (English) from the post of P.G Assistant
(English) from the date of appointment of the
petitioner namely on 19.01.1999 and get the salary
and other attendant benefits instead of 19.03.2002
being the date of the order passed by the first
respondent permitting the conversion. Once the first
respondent granted permission to convert the post
from P.G Assistant (Tamil) into P.G Assistant (English)
at the fourth respondent School such permission
should take effect from the date of appointment of the
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W.P.(MD).No.25194 of 2022
petitioner, especially when the request for conversion
of the post was made by the School based on the
appointment of the petitioner on 19.01.1999.”
6.The said order squarely covers the petitioner's claim to
approve her post as B.T Assistant (Science) from the date of her
appointment with effect from 01.06.2018. In the light of the same, this
Court quashes condition No.4 in the impugned order, dated 19.07.2021
passed by the first respondent and consequently, directs the second
respondent to approve the petitioner's appointment as B.T Assistant
(Science) with effect from 01.06.2018.
7.The Hon'ble Division Bench of this Court in
W.A(MD)No.1076 of 2018 etc., batch cases, dated 26.07.2023
(The District Elementary Educational Officer and another Vs.
J.Ramilatha and another), has held as follows:-
“4.The learned Additional Advocate General
appearing on behalf of the State would only request that
any order of approval granted to the candidates be
subject to the result of S.L.P.(C)No.15702 of 2021 filed
by the State challenging an order passed by this Court
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W.P.(MD).No.25194 of 2022
in W.A(MD)No.76 of 2019 and batch dated 31.03.2021.
5.We see no reason to deny this request, as in an
identical situation, orders have been passed in the case
of several other candidates along similar lines.
7.That apart, in a batch of Writ Petitions in
W.P(MD)No.3194 of 2020 and batch in B.Kurinjimalaron
vs State of Tamil Nadu and others [Order dated
18.04.2022], an identical direction was issued in favour
of several candidates. In W.A.(MD)No.6340 of 2018 and
batch, in S.Helan Raja Soundari vs The District
Elementary Educational Officer and others, [order dated
02.09.2022], an identical direction was issued in the
case of several other candidates and admittedly, orders
of approval have been issued in respect of several of the
candidates forming part of that batch.
8.In light of the discussion above and in the
interest of uniformity, the same directions are issued in
the present matters as well. There is a direction to the
State to approve the appointments of the
respondents/Writ Petitioners subject to the result of
S.L.P.(C)No.15702 of 2021 challenging order dated
31.03.2021 passed in W.A.(MD)No.76 of 2019, within a
period of six weeks from date of receipt of a copy of this
order.
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W.P.(MD).No.25194 of 2022
8.Relying upon the Judgment passed by the Hon'ble
Division Bench of this Court in W.A(MD)No.1076 of 2018 etc., batch
cases, dated 26.07.2023, this Court is not inclined to quash the
impugned order, dated 02.12.2021, because the said order has been
passed on the basis that the request of the petitioner would be
considered subject to the result of the Hon'ble Supreme Court in
S.L.P(C)No.15702 of 2021 preferred as against W.A(MD)No.76 of
2019, which is still pending. The second respondent is further directed
to approve the appointment of the petitioner subject to the result of
S.L.P(C)No.15702 of 2021 challenging the order dated 31.03.2021
passed in W.A(MD)No.76 of 2019, within a period of six weeks from
the date of receipt of a copy of this order.
9.With the above observations, this Writ Petition stands
disposed of. There shall be no order as to costs. Consequently,
connected Miscellaneous Petition is closed.
08.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
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W.P.(MD).No.25194 of 2022
To
1.The Commissioner of School Education,
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Tenkasi,
Tenkasi District.
3.The District Educational Officer,
Tenkasi,
Tenkasi District.
4.The Correspondent,
C.E.T Tennyson High School,
Keela Kalangal,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.25194 of 2022
L.VICTORIA GOWRI, J.
ps
W.P.(MD)No.25194 of 2022
08.08.2023
https://www.mhc.tn.gov.in/judis
