Madras High Court
Sri Maragadambigai Primary ... vs The Director Of Elementary ... on 27 June, 2023
W.P.No.18630 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No.18630 of 2019
Sri Maragadambigai Primary School,
Mariamman Koil Street,
Tindivanam – 604 001,
Villupuram District,
Rep.by its Correspondent & Secretary
K.Devaraj. ...Petitioner
Versus
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The District Educational Officer,
Tindivanam,
Villupuram District.
3.The Block Educational Officer,
Olakkur at Saram,
Tindivanam Taluk,
Villupuram District. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a writ of certiorarified mandamus calling for the
records of the third respondent in O.Mu.No.664/A1/2018 dated
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W.P.No.18630 of 2019
19.11.2018 and to quash the same and consequently direct the
respondents to approve the appointment of Tmt.N.Veni in the post of
Secondary Grade Teacher in the petitioner School from the date of her
appointment on 04.10.2018 with arrears of salary together with interest
for the belated payment and other consequential attendant benefits,
within a time frame to be fixed by this Court.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents : Mr.M.S.Premkumar
Government Advocate
ORDER
The petitioner seeks issuance of a writ of certiorarified
mandamus to quash the impugned order dated 19.11.2018 passed by the
third respondent and consequently approve the appointment of one
Tmt.N.Veni to the post of Secondary Grade Teacher in the
petitioner/School from the date of her appointment on 04.10.2018,
together with arrears of salary etc.
2. It is the case of the petitioner/School, as stated in the affidavit in
support of the writ petition that it was established in the year 1946 with
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Standards 1 to 5, subsequently, the school was upgraded as Middle
School with Standards 1 to 8. The petitioner/School is an aided School
receiving grant-in-aid from the State Government. Subsequently, the
petitioner/School was upgraded as High School from the year 2005-2006
onwards.
3. According to the petitioner, vacancy arose in the post of
Secondary Grade Teacher on 01.08.2017, consequent to the promotion of
one K.Sivasundari. Hence, the petitioner/School submitted a proposal to
fill up the post on 09.11.2017 and gave subsequent representations.
However, no orders came to be passed thereafter. Considering the
prejudice that has been caused to the students without teachers and their
education was affected, the petitioner notified the vacancy to the District
Employment Officer, Villupuram calling for list of regular candidates
following the roster as per G.O.Ms.No.65 dated 25.7.2009. The
petitioner also published Notification in the newspaper inviting
applications from the eligible candidates and consequent to the same, the
petitioner conducted selection to the post of Secondary Grade Teacher on
27.9.2018. Based on merits and as per the Resolution passed by the
Appointment Committee, one Tmt.N.Veni, who belongs to S.C. reserve
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W.P.No.18630 of 2019
category was selected and appointed to the post of Secondary Grade
Teacher in the petitioner/ School on 04.10.2018. The proposal to approve
the appointment was however, rejected by the third respondent, which is
under challenge in the present writ petition.
4. The third respondent has filed a counter justifying the impugned
order on the ground that no prior permission was sought for by the
petitioner from the second respondent before appointing the said teacher
and such voluntary steps taken by the petitioner cannot be accepted. The
petitioner also contended that the petitioner ought to have approached the
second and third respondents to accept migrated teachers from other
School. Therefore, this writ petition is sought to be dismissed.
5. Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner,
Mr.M.S.Prem Kumar and learned Government Advocate for the
respondents and perused the records.
6. The learned counsel for the petitioner would rely on the
judgments of this Court in W.P.No.10265 of 2016 dated 30.3.2022 and
W.P.(MD)No.7163 of 2011 dated 22.7.2014.
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W.P.No.18630 of 2019
7. In the case of Vallalar Aided Primary School Vs. The State of
Tamil Nadu and others [W.P.No.10265 of 2016], this Court held that
no prior approval was required for filling up the sanctioned post.
8. In the case of the Secretary, Adi Dravida Hindu Primary
School vs. The Joint Director of Elementary and others
[ W,P(MD).No.7163 of 2011], also this Court held that prior permission
is not required for filling up the vacancy as against an already sanctioned
post.
9. In the present case, it is not in dispute that the teacher
concerned, namely Tmt.N.Veni has also passed the Tamil Nadu Teachers
Eligibility Test, even as early as in April 2017, prior to the filing of the
writ petition. This fact is also not disputed by the learned Government
Advocate appearing for the respondents. However, the only contention
that is placed before this Court on the side of the respondents is that the
School ought to have obtained prior permission before appointment and
could not have acted on its own whims and fancies. Unfortunately, this
contention has been repeatedly pressed into service by the State only to
be rejected by this Court, in several judgments. The issue is no longer
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W.P.No.18630 of 2019
res-integra, especially in the event of categorical pronouncements as
already referred and discussed above.
10. For the above stated reasons, the writ petition is allowed and
the impugned order dated 19.11.2018 passed by the third respondent is
quashed and the respondents are directed to approve the appointment of
Tmt.N.Veni to the post of Secondary Grade Teacher, from the date of
her appointment on 04.10.2018, together with arrears of salary and other
attendant benefits, within a period of eight weeks from the date of receipt
of a copy of this order. There shall be no order as to costs.
27.06.2023
Index: Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
ms
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W.P.No.18630 of 2019
To
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The District Educational Officer,
Tindivanam,
Villupuram District.
3.The Block Educational Officer,
Olakkur at Saram,
Tindivanam Taluk,
Villupuram District.
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P.B.BALAJI, J.,
ms
W.P.No.18630 of 2019
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(2/2)
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