Madras High Court
The District Educational Officer ... vs S.Joshephine Julia on 4 November, 2024
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.A.(MD).No.2248 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.(MD).No.2248 of 2024
and
C.M.P.(MD).No.15702 of 2024
1.The District Educational Officer (Elementary),
Tirunelveli District.
2.The Block Educational Officer,
Palayamkottai,
Tirunelveli District. ... Appellants/Respondents 1 & 2
Vs.
1.S.Joshephine Julia,
No.A-53, 5th Cross Street,
NGO A Colony,
Jawahar Nagar,
Palayamkottai,
Tirunelveli District. ... 1st Respondent/Writ Petitioner
2.The Correspondent,
St.Joseph Primary School,
Jawagar Nagar,
Tirunelveli District. ... 2nd Respondent/3rd Respondent
Page 1 of 5
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W.A.(MD).No.2248 of 2024
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 30.04.2024 in W.P.(MD).No.10715 of 2024 and
allow the Writ Appeal.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondents : Mr.V.Panneerselvam
JUDGMENT
(Judgment of the Court was made by M.S.RAMESH,J.)
The present Writ Appeal has been filed challenging the order passed
by the learned Single Judge in W.P.(MD).No.10715 of 2024 dated
30.04.2024.
2. On the ground that there are surplus teachers in the corporate
management of the second respondent's school, their request for approval of
appointment has been rejected, which order was put to challenge before the
learned Single Judge.
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3. By placing reliance on the decision of the Co-ordinate Bench of
this Court in a batch of cases in the case of the Secretary to Government,
Government of Tamil Nadu School Education Department, Fort
St.George, Chennai – 9 Vs. Iruthaya Amali [W.A.(MD).No.76 of 2019 etc.,
batch dated 31.03.2021], the learned Single Judge had allowed the Writ
Petition and directed the appellants to consider the approval of appointment
of the concerned teacher as Secondary Grade Teacher. The order of the Writ
Court is assailed in this intra-court appeal.
4. The issue as to whether the educational authorities are empowered
to reject the approval of appointment of a teacher in a minority school on
the ground that there are surplus teachers in the other schools in the
corporate management, has already been dealt with by this Court in several
decisions including the decision in Iruthaya Amali's case. One such decision
was by a co-ordinate Bench of this Court in the case of the Chief
Educational Officer, Tirunelveli District and another Vs. A.X.Mino and
another passed in W.A.(MD).No.1855 of 2024 dated 16.10.2024. By
placing reliance upon the decision in Iruthaya Amali's case, the learned
Single Judge had held that the educational authorities cannot reject the
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application seeking for approval of appointments on this ground. In this
background, we do not find any reason to interfere with the order of the
learned Single Judge and the same stands confirmed.
5. Accordingly, the Writ Appeal stands dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petition stands
closed.
(M.S.R.,J.) (A.D.M.C.,J.)
04.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
https://www.mhc.tn.gov.in/judis
M.S.RAMESH,J.
and
A.D.MARIA CLETE,J.
Lm
04.11.2024
https://www.mhc.tn.gov.in/judis
