Madras High Court
The State Of Tamil Nadu vs Https://Www.Mhc.Tn.Gov.In/Judis on 6 November, 2024
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.A.(MD)No.2251 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.(MD)No.2251 of 2024
and
C.M.P.(MD)No.15712 of 2024
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Educational Officer,
Dindigul – 624 001,
Dindigul District.
4.The District Educational Officer,
Dindigul – 624 001,
Dindigul District. : Appellants
Vs.
https://www.mhc.tn.gov.in/judis
1/6
W.A.(MD)No.2251 of 2024
The Correspondent,
St.Mary's Higher Secondary School,
Dindigul – 624 001,
Dindigul District. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,
praying to set aside the order dated 19.12.2023 in W.P.(MD)No.
30247 of 2023.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.K.Ragadeesh Kumar
for M/s.Isaac Chambers
JUDGMENT
**************
[Judgment of the Court was delivered by M.S.RAMESH, J.]
Challenge is made to the order of the learned Single
Judge dated 19.12.2023 in W.P.(MD)No.30247 of 2023.
2.The learned Additional Government Pleader would
submit that the respondent school, which is a minority school,
would have no right to upgrade the sanctioned post without proper
permission of the concerned authorities. On this ground, he seeks
for setting aside the order of the learned Single Judge.
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3.We are unable to endorse the ground raised by the
learned Additional Government Pleader for two reasons.
(i) Firstly, such a ground does not appear to have been
taken by the appellants before the learned Single Judge and having
failed to do so, we will not be in a position to interfere with the
order of the learned Single Judge.
(ii) Secondly, the issue with regard to rights of minority
schools upgrading sanctioned posts has already been dealt with in
several Writ Petitions as well as by the Division Benches of this
Court holding that a minority institution will be well within its
power to upgrade a sanctioned post. One such case of the
Coordinate Bench of this Court is the Chief Educational Officer,
Tirunelveli and another Vs. S.Josephin Vijaya and another,
dated 14.12.2017 in WA.(MD)No.1497 of 2017.
4.When a Coordinate Bench has already taken such a
view, which has been reiterated in a batch of Writ Petitions, we do
not agree with the said ground raised by the appellants in this
regard. Hence, we do not find any merits in this Writ Appeal.
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5.Accordingly, this Writ Appeal fails and the same is
dismissed. There shall be no order as to costs. Consequently, the
connected Miscellaneous Petition is closed.
[M.S.R.,J.] & [A.D.M.C.,J.]
06.11.2024
Neutral Citation : Yes/No
Index : Yes/No
Internet : Yes/No
MR
https://www.mhc.tn.gov.in/judis
To
1.The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Educational Officer,
Dindigul – 624 001,
Dindigul District.
4.The District Educational Officer,
Dindigul – 624 001,
Dindigul District.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH, J.
and
A.D.MARIA CLETE, J.
MR
JUDGMENT MADE IN
06.11.2024
https://www.mhc.tn.gov.in/judis
