The State Of Tamil Nadu vs Page 1 Of 5
2023 Latest Caselaw 16130 Mad

Madras High Court

The State Of Tamil Nadu vs Page 1 Of 5 on 11 December, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                          W.A.(MD).No.2089 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 11.12.2023

                                                        CORAM

                                    THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
                                                      AND
                                  THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

                                             W.A.(MD).No.2089 of 2023
                                                       and
                                            C.M.P.(MD).No.16790 of 2023

                     1.The State of Tamil Nadu,
                       Represented by its Secretary,
                       Department of School Education,
                       Fort St.George,
                       Chennai – 600 009.

                     2.The Director of School Education,
                       College Road,
                       Chennai – 600 006.

                     3.The Chief Educational Officer,
                       Dindigul,
                       Dindigul District.

                     4.The District Educational Officer,
                       Dindigul,
                       Dindigul District.                        .. Appellants/Respondents

                                                           Vs.




                     Page 1 of 5




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                                                                                  W.A.(MD).No.2089 of 2023



                     The Correspondent,
                     Quaid-E-Milleth High School,
                     Dawood Mariam Nagar,
                     Rakakkapatty Post,
                     Dindigul District – 624 318.                   ...Respondent/Writ Petitioner

                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
                     set aside the order passed in W.P.(MD).No.18212 of 2020 dated 02.09.2022
                     on the file of this Court.


                                        For Appellants    : Mr.R.Baskaran
                                                            Additional Advocate General
                                                            assisted by Mr.D.Sadiq Raja
                                                            Additional Government Pleader

                                        For Respondent    : Mr.K.Prabhu

                                                          JUDGMENT

(Judgment of the Court was delivered by V.LAKSHMINARAYANAN,J.)

This Writ Appeal arises against the order passed in W.P.(MD).

No.18212 of 2020, dated 02.09.2022.

2. The admitted case of the appellants is that the post of Secondary

Grade Teacher fell vacant due to the retirement of one S.Muniyandi, who

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was erstwhile incumbent. It is a sanctioned post and the post fell vacant

with effect from 01.04.2020. The said post was upgraded as B.T. Assistant

(English) and one K.Soumiya was appointed to the said post. The

respondent school is a stand alone minority institution.

3. The learned Additional Advocate General appearing on behalf of

the appellants also fairly submitted that there is no excess or surplus teacher

in the respondent school. Being a stand alone minority institution, the

respondent school had appointed one K.Soumiya as B.T.Assistant (English)

on 01.04.2020. He would rely upon the judgment of this Court dated

31.03.2021 made in W.A.(MD)Nos.76 of 2019 etc., batch (The Secretary to

Government, Government of Tamil Nadu, School Education Department,

Fort St.George, Chennai and others Vs. Iruthaya Amali and another) and

would invite our attention to the conclusion at paragraph No.95.

4. Reading of paragraph No.95(v) would show that insofar as the

aided minority institutions, which are stand alone institutions, are

concerned, right to fill vacancy was held not to be affected for the academic

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year 2021-22. In this particular case, the appointment was made in the

academic year 2019-20. Therefore, the observations made by this Court in

Iruthaya Amali's case would not give any assistance to the appellants in this

case. However, this is a case of subject conversion from Secondary Grade

Teacher to B.T. Assistant (English). Therefore, subject to the approval of

the authorities, approval of appointment may be considered.

5. Accordingly, the Writ Appeal stands disposed of. There shall be no

order as to costs. Consequently, connected miscellaneous petition stands

closed.

                                                                       (S.M.S.,J.) (V.L.N.,J.)
                                                                               11.12.2023
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
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                                       S.M.SUBRAMANIAM,J.
                                                     and
                                   V.LAKSHMINARAYANAN,J.

                                                                Lm









                                                      11.12.2023









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