Sundarambal Middle School vs The District Elementary ...
2023 Latest Caselaw 132 Mad

                                                                              W.A.(MD)No.1533 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 03.01.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                          AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                              W.A.(MD)No.1533 of 2022
                                                       and
                                             C.M.P.(MD)No.12973 of 2022

                 Sundarambal Middle School,
                 Rep. by its Secretary,
                 G.Joseph Jeyaseelan                                ... Appellant / Petitioner

                                                           -Vs-

                 1.The District Elementary Educational Officer,
                    DEEO's Office, R.M.S.Road,
                    Madurai-1.
                 Now re-designated as
                           The District Educational Officer,
                           O/o. The District Educational Officer,
                           Madurai.


                 Page 1 of 6



https://www.mhc.tn.gov.in/judis
                                                                                    W.A.(MD)No.1533 of 2022


                 2.The Additional Assistant Elementary Educational Officer,
                    South Chithirai Street, South Range,
                    Madurai-1.
                 Now re-designated as
                           The Block Development Officer,
                           O/o.The Block Development Officer,
                           South Range,RMS Road, Madurai-1.               ... Respondents / Respondents


                 PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
                 set aside the order dated 12.10.2022 made in W.P.(MD)No.10454 of 2015 on the
                 file of this Court.


                                           For Appellant     : Mr.Mohammed Suhail,
                                                               For M/s.Ajmal Associates
                                           For Respondents : Mr.R.Baskaran,
                                                               Additional Advocate General,
                                                               assisted by Mr.D.Sadiq Raja,
                                                               Additional Government Pleader
                                                           JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.]

Heard the learned counsel for the appellant and the learned Additional

Advocate General for the respondents.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1533 of 2022

2.The prayer sought for in the Writ Petition is to forbear the

respondents from insisting prior approval under Rule 15(4)(c) of the Tamil Nadu

Recognized Private Schools (Regulation) Rules, 1974 in respect of the

petitioner's school. The Writ Court, after considering the elaborate submissions

made on either side, by an order dated 12.10.2022, dismissed the aforesaid Writ

Petition. The relevant portion of the same is extracted hereunder:-

“8.Therefore, this Court is of the considered opinion that the respondents are directed to fix staff strength and issue staff fixation order based on the students strength in the petitioner's school within a period of six (6) weeks from the date of receipt of a copy of this order. If the teachers are surplus, the same may be transferred to some other needy schools as per the rules and guidelines and if there is surplus post without teachers, then the same shall be surrendered to the “ Director's Common Pool”.”

3.Aggrieved by the said dismissal order, the writ petitioner has filed

this Writ Appeal.

4.Considering the facts and circumstances of the case, we are of the

view that the prayer of the appellant / writ petitioner is not maintainable for the

simple reason that the appellant institution is a non-minority institution.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1533 of 2022

Therefore, it requires prior approval to fill up the vacancy. Hence, such prayer

of the appellant / writ petitioner cannot be considered, therefore, the same was

rightly rejected by the Writ Court.

5.The learned Additional Advocate General appearing for the

respondents has produced the inspection report conducted in the appellant

school on 20.06.2022 and submitted that there are surplus teachers in the

appellant school.

6.In view of the above, this Writ Appeal fails and therefore, the same is

dismissed with liberty to the appellant / writ petitioner to workout the remedy in

the manner known to law, if so advised. No costs. Consequently, connected

miscellaneous petition is closed.

                                                             [D.K.K., J.] & [R.V., J.]
                                                                      03.01.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No
                 MYR

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1533 of 2022

To

1.The District Elementary Educational Officer, DEEO's Office, R.M.S.Road, Madurai-1.

Now re-designated as The District Educational Officer, O/o. The District Educational Officer, Madurai.

2.The Additional Assistant Elementary Educational Officer, South Chithirai Street, South Range, Madurai-1.

Now re-designated as The Block Development Officer, O/o.The Block Development Officer, South Range,RMS Road, Madurai-1.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1533 of 2022

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR, J.

MYR

W.A.(MD)No.1533 of 2022

03.01.2023

https://www.mhc.tn.gov.in/judis