Madras High Court
The Correspondent vs The State Of Tamil Nadu on 29 November, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.Nos.29543, 29637, 32172 & 32826 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.Nos.29543, 29637, 32172 & 32826 of 2023
and W.M.P.Nos.29175, 29176, 29252, 29253, 31772, 31773, 32449 &
32450 of 2023
The Correspondent,
St. Joseph's Girls Higher Secondary School,
Somanur – 641 668,
Coimbatore District. ... Petitioner in WP.Nos.29543
& 32826/2023
The Correspondent,
Rosary Girls High School,
Suthanthirapuram,
Karamadai Road,
Mettupalayam,
Coimbatore - 641301 ... Petitioner in WP.No.29637/2023
The Headmaster and Correspondent,
St. Joseph's Girls Higher Secondary School,
Susaigiri, Yercaud,
Salem – 636 601. ... Petitioner in WP.No.32172/2023
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St. George, Chennai – 600 009.
1/15
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2.The Commissioner of School Education,
College Road, Chennai – 600 006. ... 1st and 2nd respondents
in WP.No.31772/2023
3.The Chief Educational Officer,
The Chief Educational Office,
No.500, Raja Street, Town Hall,
Coimbatore – 641 001.
4.The District Educational Officer,
District Educational Office,
Raja Street,
Coimbatore – 641 001. ... Respondents in WP.Nos.29543,
29637 & 32826/2023
5.The Chief Educational Officer,
The Chief Educational Office,
Salem – 636 001.
6.The District Educational Officer,
District Educational Office,
Salem. ... 3rd and 4th respondents
in WP.No.31772/2023
Prayer in WP.No.29543/2023: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorarified
Mandamus, calling for the records relating to the impugned proceedings
issued by the 3rd respondent CEO in A.Thi.Mu.No.14051/a4/19 dated
24.10.2019 and the consequential proceedings issued by the 4th
respondent DEO in Na.Ka.No.5569/Aa1/2019 dated 22.11.2019 refusing
to approve the appointment of Rev.Sr.Amalarani as BT Assistant (Science)
with effect from 01.07.2019, quash the same and further direct the 3rd and
4th respondents to approve forthwith the appointment of Sr.Amalarani as
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BT Assistant (Science) in the petitioner-school with effect from the date of
her appointment viz., 01.07.2019 and release salary and all attendant
benefits with effect from the said date.
Prayer in WP.No.29637/2023: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorarified
Mandamus, calling for the records relating to the impugned proceedings
issued by 4th respondent District Educational Officer (DEO) in
Na.Ka.No.1081/A2/2019 dated 07.03.2019 as (signed) and in
O.Mu.No.5032/A2/2020 dated 01.02.2021 (as signed), quash the same
and further direct the 3rd and 4th respondents to approve forthwith the
appointment of Rev. Sr. Jeyaseeli as BT Assistant (Tamil) in the petitioner-
school with effect from the date of her appointment viz., 03.09.2018 and
release salary and all attendant benefits with effect from the said date.
Prayer in WP.No.32172/2023: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorarified
Mandamus, calling for the records relating to the impugned order passed
by the 4th respondent District Educational Officer vide proceedings in
O.Mu.No.1166/A2/2020 dated 13.07.2020, quash the same and further
direct the 3rd and 4th respondents to approve forthwith the appointment of
Mr.J. Alexander as BT Assistant (English) in the petitioner-school with
effect from the date of his appointment viz., 01.07.2019 and release salary
and all attendant benefits with effect from the said date.
Prayer in WP.No.32826/2023: Writ Petition filed under Article 226 of
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the Constitution of India praying to issue a Writ of Certiorarified
Mandamus, calling for the records relating to the impugned proceedings
issued by the 4th respondent District Educational Officer (DEO) vide
proceedings in O.Mu.No.2414/A2/2019 dated 16.04.2019 (as signed)
refusing to approve the appointment of Sr. Caroline Jansy Rani as BT
Assistant (Social Science) with effect from 14.06.2017, quash the same
and further direct the 3rd and 4th respondents to approve forthwith the
appointment of Sr. Caroline Jansy Rani as BT Assistant (Social Science)
in the petitioner-school with effect from the date of her appointment viz.,
14.06.2017 and release salary and all attendant benefits with effect from
the said date.
For Petitioner : Ms.H. Mary Sowmi Rexi
(in all WPs) for Isaac Chambers
For Respondents : Mr.V. Manoharan,
(in all WPs) Additional Government Pleader
COMMON ORDER
Heard the learned counsel for the petitioners, as well as the learned
Additional Government Pleader appearing for the respondents.
2. The petitioners-school is the Minority Aided Educational
Institution. When a vacancy arose owing to the retirement of a teacher in
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their School, Rev.Sr.Amalarani, Rev. Sr. Jeyaseeli, Mr.J. Alexander and Sr.
Caroline Jansy Ranione respectively, were appointed by the petitioners-
school, through an appointment order dated 01.07.2019, 03.09.2018,
01.07.2019 and 14.06.2017 respectively. On the same day, the
petitioners-school herein had submitted a proposal to the third and fourth
respondents herein namely the Chief Educational Officer and the District
Educational Officer respectively, seeking for approval of the appointment
of Rev.Sr.Amalarani, Rev. Sr. Jeyaseeli, Mr.J. Alexander and Sr. Caroline
Jansy Ranione respectively, with effect from their date of appointment.
The approval petitions have now been rejected by the third and fourth
respondents respectively, through their orders dated 24.10.2019,
22.11.2019, 07.03.2019, 01.02.2021, 13.07.2020 and 16.04.2019
respectively, on the ground that, since the group of schools under the
Corporate Management to which the petitioners-school are attached, have
surplus teachers, the approval to the appointment of Rev.Sr.Amalarani,
Rev. Sr. Jeyaseeli, Mr.J. Alexander and Sr. Caroline Jansy Ranione
respectively, cannot be considered. The petitioners-school has challenged
these orders of rejection in the present Writ Petition.
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3. Learned Special Government Pleader appearing for the
respondents, submitted that since there are some surplus teachers in the
Corporate Management of the Schools and in view of the instructions
from the Government in the letter dated 04.12.2019, the approval of the
teachers cannot be considered.
4. I am not in agreement or appreciation with such a submission,
particularly, when this Court in numerous orders have deprecated the
practice of citing the surplus teachers in the Corporate Management, as
the reason for denying the approval of teachers in a sanctioned post.
5. The issue as to whether the Educational Authorities can reject a
proposal of the Management seeking for approval of the appointment of a
teacher in Minority Institution on the ground that there are surplus
teachers, either in the District or under the Corporate Management of the
School, is no more res integra since it has been dealt with in various
decisions, against the Authorities.
6. In a batch of Writ Petitions filed before this Court in the case of
'The Secretary to Government, Government of Tamil Nadu, School
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Education Department and others Vs. Iruthaya Amali and another'
reported in '2021 SCC online Madras 1285', the Honourable Division
Bench of this Court had held that for the purpose of fixing the staff
strength of the School, the School as such, shall be the unit and not the
Educational Agencies/School Management/Corporate Management. This
finding has been applied in various other orders in Writ Petitions,
whereby, it was held that the existence of surplus teachers in other
Schools under the same Management, cannot be a ground for rejection of
the proposal.
7. In a recent decision taken in a batch of Writ Petitions in
W.P.No.3194 of 2020, etc., dated 18.04.2022 in the case of
'B.Kurinjimalaron vs. the State of Tamil Nadu, Represented by its
Secretary, Education Department, Fort St.George, Chennai 600 009',
this aspect was dealt with in the following manner:-
..... “5. The learned counsel appearing for the
petitioners would submit that the G.O.Ms.No.165
dated 17.9.2019 as well as the judgment passed
by the Division Bench of this Court in a Batch of
Writ Appeals in W.A.(MD) No.76 of 2019 are
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prospective in nature. In the present cases, the
appointment was made prior to the Government
order passed in G.O.Ms.No.165 issued by School
Education Department, dated 17.9.2019.
Therefore, there is no legal impediment for
approving the appointment made by the School
Management to the aforesaid posts in the light of
the existing Rules thereunder.
6. The learned Additional Advocate
General submitted that as against the judgment
passed by the Division Bench of this Court in a
Batch of Writ Appeals in W.A.(MD) No.76 of
2019, etc., the State Government has preferred
an appeal before the Hon'ble Supreme Court in
Special Leave to Appeal (C) No.15702 of 2021. It
is further submitted that the Hon'ble Supreme
Court stayed the judgment only in respect of
Clause (i) of paragraph 95 of the said judgment.
Further, it is also brought to the notice of this
Court that the Division Bench in paragraph 6 of
the said judgment, has observed that, ''no fresh
appointment even in the sanctioned vacancy shall
be made by any school which are managed by the
Corporate Management.
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7. The learned counsel appearing for the
petitioners would submit that in the instant case,
no appointment was made by the School
Management pursuant to the judgment passed by
the Division Bench of this Court. All the
appointments were made prior to the issuance of
G.O.Ms.No.165 dated 17.9.2019 and the
proposals were also sent to the educational
authorities prior to the said G.O.Ms.No.165
dated 17.9.2019. Thus, G.O.Ms.No.165 dated
17.9.2019 and the Division Bench judgment will
not bind over the appointment made by the
School Management in the instant writ petitions.
Therefore, the learned counsel appearing for the
petitioners seeks to quash the impugned orders
and consequently, direct the educational
authorities to accord approval to the
appointment to the post of B.T. Assistant and
Secondary Grade Teacher, made by the School
Management in the instant writ petitions.
8. According to the learned Additional
Advocate General, the State Government has
preferred an appeal before the Hon'ble Supreme
Court in Special Leave to Appeal (C) No.15702
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of 2021 as against the judgment passed by the
Division Bench of this Court in the Batch of Writ
Appeals in W.A.(MD) No.76 of 2019, etc. and
obtained stay in sofar as Clause (i) of paragraph
95 of the said judgment. Except the aforesaid
clause (i) of paragraph 95, there was no stay in
respect of remaining portion of the judgment. It is
agreed by the learned Additional Advocate
General that the writ petitioners were appointed
prior to the G.O.Ms.No.165 dated 17.9.2019 and
therefore, it can be considered and an
appropriate order may be passed.
9. On perusal of the judgment of the
Division Bench of this Court in the aforesaid
Batch of cases and also the G.O.Ms.No.165
issued by the School Education Department,
dated 17.9.2019, both the judgment as well as
G.O.Ms.No.165 are prospective in nature. The
appointments made by the School Management in
the instant writ petitions are prior to the issuance
of G.O.Ms.No.165 dated 17.9.2019 and
proposals for the said appointment were also
forwarded to the educational authorities prior to
the issuance of G.O.Ms.No.165 dated 17.9.2019.
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Therefore, there is no legal impediments for the
respondents to accord approval to the
appointment made by the School Management in
the instant writ petitions.
10. Having regard to the rival submissions
of the parties, taking note of the judgment passed
by the Division Bench of this Court in a Batch of
Writ Appeals in W.A.(MD) No.76 of 2019, etc.,
G.O.Ms.No.165 issued by the School Education
department, dated 17.9.2019 will not prohibit the
educational authorities to approve the
appointment made by the School Management in
the instant writ petitions since the proposals for
approval of appointment made by the School
Management were forwarded to the educational
authorities prior to the issuance of
G.O.Ms.No.165 dated 17.9.2019. Therefore, this
Court is of the view that the respondent
department without considering the
G.O.Ms.No.165 dated 17.9.2019 in proper
perspective and passed the impugned order
rejecting the proposals submitted by the School
Management. Therefore, the impugned orders
passed by the respondent department are liable
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to be quashed.”
8. Thus, the reason assigned by the respondents for rejecting the
proposal, on the ground of availability of surplus teacher, under the
Corporate Management of the petitioners-School, cannot be sustained.
9. For all the foregoing reasons, the impugned orders dated
24.10.2019, 22.11.2019, 07.03.2019, 01.02.2021, 13.07.2020 and
16.04.2019 respectively, passed by the third and fourth respondents
herein, are hereby quashed. Consequently, the petitioners herein are
called upon to resubmit the proposal to the third and fourth respondents
herein and on receipt of such proposal, the third and fourth respondents
herein shall pass appropriate orders, approving the appointments of
Rev.Sr.Amalarani, Rev. Sr. Jeyaseeli, Mr.J. Alexander and Sr. Caroline
Jansy Ranione respectively, to the posts of BT Assistant (Science), BT
Assistant (Tamil), B.T. Assistant (English) and BT Assistant (Social
Science) respectively, with effect from 01.07.2019, 03.09.2018,
01.07.2019 and 14.06.2017 respectively. Such orders shall be passed, at
least within a period of six (6) weeks from the date of receipt of re-
submission of the proposals.
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10. Accordingly, the Writ Petitions stand allowed. No costs.
Connected Miscellaneous Petitions are closed.
29.11.2023
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation: Yes/No
Sni
To
1.The Secretary to State of Tamil Nadu,
Department of School Education,
Fort St. George, Chennai – 600 009.
2.The Commissioner of School Education,
College Road, Chennai – 600 006.
3.The Chief Educational Officer,
The Chief Educational Office,
No.500, Raja Street, Town Hall,
Coimbatore – 641 001.
4.The District Educational Officer,
District Educational Office,
Raja Street, Coimbatore – 641 001. .
5.The Chief Educational Officer,
The Chief Educational Office,
Salem – 636 001.
6.The District Educational Officer,
District Educational Office,
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Salem.
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M.S.RAMESH,J.
Sni
W.P.Nos.29543, 29637, 32172 & 32826 of 2023
29.11.2023
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