Madras High Court
The Correspondent vs The State Of Tamil Nadu on 7 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.12015 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.12015 of 2022
The Correspondent,
St. Joseph’s Middle School,
Ramnagar, Devakottai 630 303,
Sivagangai District. ... Petitioner
-vs-
1.The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St. George, Chennai 600 009.
2.The Director of Elementary Education,
College Road, Chennai 600 006.
3.The District Educational Officer,
Devakottai, Sivagangai District.
4.The Block Educational Officer,
Devakottai, Sivagangai District. ... Respondents
PRAYER: Writ 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 Staff-Fixation settled by the 4th
respondent, Block Educational Officer in O.Mu.No.360/A1/2020 dated
1/8
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W.P.(MD)No.12015 of 2022
--.08.2021, quash the same and further direct the 3rd respondent, District
Educational Officer to approve forthwith the appointment of T.Arockia
Mary Felci as Sewing Teacher in the petitioner’s school from the date of
her appointment i.e., 10.07.2019 and disburse the grant-in-aid towards
her salary with effect from the said date.
For Petitioner :Ms.A.Amala
For Respondents :Ms.N.GA.Natraj
Government Advocate
*****
ORDER
The present Writ Petition has been filed by a Correspondent of a
minority aided School challenging the impugned order passed by the
fourth respondent, wherein, the appointment of a Sewing Mistress to the
School has been rejected on the ground that there are surplus Sewing
Mistresses in the Schools falling within the corporate management.
2.According to the learned Counsel appearing for the Writ
Petitioner, one Mrs.T.Arockia Mary Felci was appointed as a Sewing
Mistress on 10.07.2019 in a sanctioned vacancy. The said appointment
was sent for approval to the authorities. Under the impugned order, the
fourth respondent herein has rejected the said request on the ground that
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there are surplus Sewing Teachers in the other Schools falling within the
same corporate management. The said order is under challenge in the
present Writ Petition.
3.The only issue that arises for consideration is whether a single
sanctioned post in an aided school could be declared as surplus, even
when the students strength has fallen from the prescribed level.
4.A learned Single Judge of this Court in a judgment in W.P.
(MD)No.1352 of 2015, dated 11.04.2018, in paragraph 33, has held as
follows:
“33.Considering all these principles as emerged from the
judgments cited supra, if the same are fit in the facts and
circumstances of this case, it can be easily concluded that the
petitioner’s school is having the necessary strength for the
purpose of having one special teacher as Sewing Mistress, even
though the over all students strength may be less than the
prescription made by the Government under the relevant
Government Order. Such reduction in strength may exist to the
authorities to reduce the staff strength in general teaching area,
such as, Secondary Grade Teacher and B.T. Assistants, but, not
the special teacher, because the special teacher in Sewing subject
is the single post and also the said subject is one of the
compulsory subject for the girl students, who are studying VI to
VIII standard at the petitioner’s school.”
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5.The said judgment was followed by another learned Single Judge
of this Court in W.P.(MD)No.1321 of 2020, dated 19.02.2020. Paragraph
6 of the said order reads as follows:
“6.What requires to be noted here is the object of the State
to promote the welfare and well being of the school children and
when the post itself is a single sanctioned post and it has been
held that such surplus post would arise in the school where there
is a single sanctioned post, relying upon the minimum prescribed
strength of 250 students, as a reason for denying the approval
sought for, cannot be appreciated. Effectively what the
Department would venture is, to deny the right of education to
such girl students, particularly, in a specialized academic field of
tailoring, which may be pertinent and essential requirement for a
girl student. .....”
6.The judgment of the learned Single Judge of this Court in W.P.
(MD)No.1321 of 2020 was challenged in an appeal by the State in W.A.
(MD)No.81 of 2022. The Hon’ble Division Bench was pleased to
dismiss the said appeal on 02.03.2022 and in paragraph No.4, it has been
held follows:
“4.Having heard learned advocates for the respective
parties and having considered the material placed on record, we
find that this matter needs to be decided on pure question of fact.
It is not in dispute that, the teacher whose approval was asked for
was a tailoring teacher. There was only one teacher for that
subject. The appointment was made by the school management
on the retirement of one teacher looking after that subject. In this
factual background, we find that denial of approval to the said
appointment by the State Authorities can not be justified in any
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manner. Direction by the learned Single Judge in this peculiar
facts, does not call for any interference.....”
7.The learned Government Advocate appearing for the respondents
contended that when there are surplus Teachers within the corporate
management, the appointment of a new Teacher cannot be appreciated
and it cannot be approved.
8.If the issue of surplus Teachers arises, when the students strength
comes down in a particular academic year, the other classes may be
handled by the general Teachers, namely, Secondary Grade Teachers or
B.T.Assisants, as the case may be, by adjusting the work among
themselves. However, when a Vocational Teacher is declared as surplus,
no other Teacher would be in a position to handle the said subject.
Therefore, when a single post is sanctioned for a specialist subject, the
same cannot be declared to be surplus in view of falling in students
strength. That apart, the issue of surplus, which is pointed out by the
authorities is that the students strength in some other schools within the
corporate management have fallen down. Even in those schools, it is
only a single sanctioned post. Therefore, the presence of those Teachers
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in those schools cannot be cited as surplus in order to reject the approval
of the present candidate.
9.In view of the judgments of learned Single Judges and confirmed
by the Hon’ble Division Bench, as stated supra, the order impugned in
the Writ Petition is set aside. The respondent authorities are directed to
approve the appointment of Mrs.T.Arockia Mary Felci, as Sewing
Mistress with effect from 10.07.2019 with all attendant benefits. The
entire exercise shall be completed within a period twelve weeks from the
date of receipt of a copy of this order.
10.In the result, this Writ Petition is allowed. No costs.
Index :Yes / No 07.12.2023
Internet :Yes / No
NCC :Yes / No
cmr
https://www.mhc.tn.gov.in/judis
To
1.The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St. George, Chennai 600 009.
2.The Director of Elementary Education,
College Road, Chennai 600 006.
3.The District Educational Officer,
Devakottai, Sivagangai District.
4.The Block Educational Officer,
Devakottai, Sivagangai District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
cmr
07.12.2023
https://www.mhc.tn.gov.in/judis
