Madras High Court
S.Latha vs The Joint Director Of School Education on 8 August, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.1847 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.1847 of 2023
and
WMP Nos.1952, 1953 & 1954 of 2023
S.Latha ... Petitioner
-Vs-
1.The Joint Director of School Education
(Higher Secondary)
2.The Chief Educational Officer
Presidency Girls Higher Secondary School Campus
Egmore, Chennai 600 008.
3.The District Educational Officer (Secondary)
North Chennai
Villivakkam, Chennai 600 049.
4.The Secretary
K.C.Sankaralinga Nadar Higher Secondary School
Old Washerenpet
Chennai 600 021. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the
impugned proceedings issued by the 2nd respondent in O.Mu.No.6980/A13/2022
https://www.mhc.tn.gov.in/judis
1
W.P.No.1847 of 2023
dated 28.09.2022 and to quash the same and consequently, directing the
respondents 1 to 3 to grant approval of promotion to the post of P.G. Assistant
(Economics) in the sanctioned post in 3rd respondent School with effect from
26.02.2021, with all consequential and other attendant benefits including arrears of
salary with interest.
For Petitioner : Mr.J.Jayamalan
For Respondents : Mrs.S.Mythraye Chandru
Special Government Pleader
for R1 to R3
No appearance for R4
ORDER
This writ petition has been filed challenging the proceedings of the 2 nd
respondent in O.Mu.No.6980/A13/2022 dated 28.09.2022 and for a consequential
direction to respondents 1 to 3 to grant approval of promotion to the post of P.G.
Assistant (Economics) in the sanctioned post in 4th respondent School with effect
from 26.02.2021.
2.The case of the petitioner is that he was appointed as a B.T.Assistant (Social
Science) in the 4th respondent School which is a Government aided School, on
04.01.2020. While in service, he applied for permission to study P.G., degree in
Economics. On the permission granted by the 4th respondent School, the petitioner
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joined M.A (Economics) course in Annamalai University and completed the course in
the year 2016.
3.A vacancy arose to the post of P.G. Assistant (Economics) in the 4 th
respondent School on 23.03.2019. The petitioner was eligible to apply for the said
post since the feeder post is B.T. Assistant. The promotion was also granted by the
4th respondent School in the existing vacancy by order dated 26.02.2021. The
petitioner also joined the said post and he started taking classes for the higher
secondary students.
4.The 4th respondent forwarded the proposal to the department seeking for
approval of the promotion granted to the petitioner. The proposal was forwarded by
the 3rd respondent to the 2nd respondent. The 2nd respondent through the impugned
proceedings dated 28.09.2022 returned the proposal saying that the petitioner is
qualified as M.A (Economics) as cross major. Yet another reason that was assigned
was that in the light of the pendency of the case before the Apex Court on the issue
of granting sanction, the request made by the School cannot be considered.
Therefore, the entire file was returned back to the 4th respondent School.
5.The petitioner aggrieved by the impugned Order passed by the 2 nd
respondent dated 28.09.2022, has filed the present writ petition before this Court.
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6.The 3rd respondent has filed a counter affidavit. The 3rd respondent has
taken a stand that the petitioner had qualified M.A.degree in Economics as cross
major. The other stand that has been taken by the respondents is that
G.O.Ms.No.36, dated 30.01.2020 provides that P.G. Assistant post can be filled up
only through direct recruitment and recruitment by transfer. The third reason that
has been assigned is by quoting the Tamil Nadu Private Schools (Regulation) Rules
2003 which provides for a qualification for the post of P.G. Assistant and which is not
possessed by the petitioner. In the light of these grounds taken in the counter, the
respondents have sought for the dismissal of this writ petition.
7.Heard Mr.J.Jayamalan, learned counsel for petitioner, Mrs.S.Mythraye
Chandru, learned Special Government Pleader for R1 to R3. There is no appearance
for R4 either in person or through counsel.
8.This Court has carefully considered the submissions made on either side and
the materials available on record.
9.The first ground that has been put against the petitioner is that he has
qualified M.A. degree in (Economics) as cross major. It must be borne in mind that
the petitioner had joined the post of P.G. Assistant (Economics) on 26.02.2021 and
therefore, the Act and Rules that were in force on that date alone can be taken into
consideration.
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10.The Tamil Nadu Recognized Private Schools (Regulation) Rules 1974 and in
particular Annexure-V of the Rules in Chapter (IV) (4) talks about the qualification for
the post of P.G. Assistant in academic subjects. On going through the same, it is
seen that there is absolutely no bar in considering the candidature of a person with a
cross major degree. This issue was considered by the Division Bench of this Court in
W.P.No.1418 of 2014, by an order dated 19.02.2018, where it was held as follows:
3.The only issue is whether the petitioner, who holds a cross
major degree, i.e., who is a B.Sc.[Physics] candidate, holds a
Master Degree in English with B.Ed. qualification, is entitled to be
appointed as P.G. Assistant in English. Two contentions are
advanced before us. The first one is that in terms of the Tamil Nadu
Recognized Private Schools (Regulation) Rules, 1974 and in
particular, under Annexure - V of the Rules in Chapter IV(4), the
preference is to be given to those persons, who have studied the
same subject in degree and Master's degree level. This Rule was
considered by the Writ Court and was rightly held that there is no
bar, for considering a candidate for appointment, as the Rule
provides for grant of preference. Thus, there is no illegality in
considering a person with cross major degree. Further, the Writ
Court, took into consideration the decision of the Hon'ble Division
Bench of this Court in Director of School Education, Chennai - 6
and others v. Geldon Wifred Viole and another reported in 2009(2)
TLNJ 101 (Civil) and allowed the writ petition.
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4.In the light of the finding recorded by the Writ Court and
the decision of the Division Bench rendered to therein and as there
is no prohibition for considering a cross major degree candidate,
we find that the appellants have not made out any ground, to
interfere in the order passed in the writ petition. Accordingly, the
writ appeal fails and the same is dismissed. No costs.
Consequently, connected Miscellaneous Petition is dismissed.
10.In view of the above, there is absolutely no bar for considering the
candidature of the petitioner even though he has a cross major degree. The rule
only provides for if in case there are persons who have studied the same subject in
U.G., and P.G. level, preference must be given to them. This rule is not applicable to
the facts of the present case.
11.The next issue pertains to G.O.Ms.N.36 dated 30.01.2020 which has been
relied upon by the respondents. This Government Order pertains to the teachers
working in the Government Schools and this Government Order will not apply to the
Government aided Schools.
12.The third issue is with regard to the 2023 Rules that are relied upon by the
respondents. The qualification that has been fixed for P.G. Assistants in the 2023
Rules will not be relevant to the case in hand since the petitioner has joined the post
of P.G. Assistant (Economics) in the year 2021 itself. Therefore, the 2023 Rules
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cannot be put against the petitioner. This Court has already found that the petitioner
was eligible as per the existing rule.
13.The last issue to be considered is with regard to the ground stated in the
impugned order as if the issue is pending before the Apex Court. The Apex Court
has already disposed of the appeal by an order dated 16.02.2024 and the relevant
portion is extracted hereunder:
4.The suggestion made by the two senior counsel to this Court
is to relegate the parties to the pending proceedings in the Madras
High Court. It is however submitted that the Division Bench should
limit itself to the core direction given in sub-clause (i) of paragraph
95 of the impugned judgment dated 31.03.2021 in the Writ Appeal
(MD) No.76 of 2019 and need not be concerned with the other aspects
in the earlier judgment (31.3.2021).
14.It is quite apparent from the above order that except for the core direction
that was given in sub-clause (i) of paragraph 95 of the judgment of the Division
Bench dated 31.3.2021, the other directions were not interfered. Sub clause (i) of
the judgment of the Division Bench deals with the teaching grant for the additional
staff employed already in aided school. This has no relevance to the facts of the
present case since the case in hand pertains to the sanction that has been sought for
the promotion of the petitioner in the sanctioned post of P.G. Assistant (Economics).
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15.In the light of the above discussion, This Court finds that the impugned
proceedings of the 2nd respondent in O.Mu.No.6980/A13/2022 dated 28.09.2022, is
hereby quashed. There shall be a direction to the 2 nd respondent to grant approval
to the promotion of the petitioner to the post of P.G. Assistant (Economics) in the 4th
respondent School with effect from 26.02.2021 and all the consequential and
attendant benefits shall also be paid. This process shall be completed by the 2nd
respondent within a period of eight weeks from the date of receipt of copy of the
order.
16.In the result, this writ petition is allowed with the above directions. costs.
Consequently, connected miscellaneous petitions are closed.
08.08.2024
KP
Internet: Yes
Index: Yes/No
https://www.mhc.tn.gov.in/judis
To
1.The Joint Director of School Education
(Higher Secondary)
2.The Chief Educational Officer
Presidency Girls Higher Secondary School Campus
Egmore, Chennai 600 008.
3.The District Educational Officer (Secondary)
North Chennai
Villivakkam, Chennai 600 049.
4.The Secretary
K.C.Sankaralinga Nadar Higher Secondary School
Old Washerenpet
Chennai 600 021.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH. J.,
KP
08.08.2024
https://www.mhc.tn.gov.in/judis
