The Chief Educational Officer vs J.Kulandai Therese
2024 Latest Caselaw 21137 Mad

Madras High Court

The Chief Educational Officer vs J.Kulandai Therese on 6 November, 2024

Author: M.S.Ramesh

Bench: M.S.Ramesh

                                                                      W.A.(MD)No.2203 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.2203 of 2024
                                                        and
                                          C.M.P.(MD)No.15490 of 2024


                     1.The Chief Educational Officer,
                        Ramanathapuram District.


                     2.The District Educational Officer,
                        Paramakudi,
                        Ramanathapuram District.                         : Appellants
                                                         Vs.

                     1.J.Kulandai Therese


                     2.The Correspondent,
                        Alangara Matha Higher Secondary School,
                        Paramakudi,
                        Ramanathapuram District                         : Respondents



                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,

                     praying to set aside the order dated 13.12.2023 in W.P.(MD)No.683

                     of 2022.


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                     1/5
                                                                       W.A.(MD)No.2203 of 2024




                                  For Appellants      : Mr.J.Ashok
                                                        Additional Government Pleader
                                  For Respondent No.1 : Mr.V.Panneerselvam


                                                   JUDGMENT

************** [Judgment of the Court was delivered by M.S.RAMESH, J.]

Challenge is made to the order of the learned Single

Judge dated 13.12.2023 in W.P.(MD)No.683 of 2022.

2.The reasoning adopted by the educational authorities /

appellants that approval of appointment cannot be granted when

surplus teachers exist in the Corporate Management of an

Educational Institution, cannot be sustained in view of the several

decisions of this Court. The learned Single Judge has placed

reliance on one such decision of a Co-ordinate Bench of this Court

in W.A.(MD)No.81 of 2022 dated 02.03.2022 and allowed the Writ

Petition.

3.We do not find any infirmity or illegality in such a

finding when the law in this regard has been well settled and

hence, there are no merits in this Writ Appeal.

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4.Accordingly, this Writ Appeal stands 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

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To

1.The Chief Educational Officer, Ramanathapuram District.

2.The District Educational Officer, Paramakudi, Ramanathapuram 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