Madras High Court
The Chief Educational Officer vs J.Barakathalima on 18 October, 2023
W.A.(MD)No.1840 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1840 of 2023
and
C.M.P.(MD)No.14051 of 2023
1.The Chief Educational Officer,
O/o. The Chief Educational Office,
Ramanathapuram, Ramanathapuram District.
2.The District Educational Officer,
O/o. The District Educational Office,
Mandapam, Ramanathapuram District. ... Appellants
Vs.
1.J.BarakathAlima
2.The Correspondent,
Hameediah Higher Secondary School,
Kilakarai, Ramanathapuram District. ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.9456 of 2020, dated 02.09.2022 on the file of
this Court.
For Appellant : Mr.D.Sadiq Raja,
Additional Government Pleader
1/4
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W.A.(MD)No.1840 of 2023
JUDGMENT
(Judgment of the Court was delivered by V.LAKSHMINARAYANAN, J.)
This Writ Appeal arises against the order passed in W.P.(MD)No.9456
of 2020, dated 02.09.2022.
2.The admitted case of the appellants is that the post of B.T. Assistant
(Tamil) fell vacant due to the retirement of one Arumugam, who was erstwhile
incumbent. It is a sanctioned post and the post fell vacant with effect from
01.07.2019. To the said post, the 1st respondent was appointed. The 2nd
respondent school is a stand alone minority institution.
3.The learned Additional Government Pleader appearing on behalf of the
appellants also fairly submitted that there is no excess or surplus teacher in the 2nd
respondent school. Being a stand alone minority institution, the school had
appointed the 1st respondent as a teacher on 01.07.2019. 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.
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W.A.(MD)No.1840 of 2023
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 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. As the appointment has been
made as against the sanctioned post and without surplus, we do not find any
reason to interfere with the order of the learned Single Judge. Accordingly, this
Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
(S.M.S., J.) & (V.L.N., J.)
18.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1840 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.1840 of 2023
18.10.2023
https://www.mhc.tn.gov.in/judis
