The Chief Educational Officer vs The Correspondent
2024 Latest Caselaw 21267 Mad

Madras High Court

The Chief Educational Officer vs The Correspondent on 7 November, 2024

Author: M.S.Ramesh

Bench: M.S.Ramesh

                                                                       W.A.(MD)No.2246 of 2024




                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.11.2024

                                                     CORAM:

                                   THE HONOURABLE MR.JUSTICE M.S.RAMESH
                                                        and
                                  THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE


                                             W.A.(MD)No.2246 of 2024
                                                        and
                                            C.M.P.(MD)No.15701 of 2024


                     1.The Chief Educational Officer,
                        Tenkasi,
                        Tenkasi District.


                     2.The District Educational Officer (Secondary),
                        Tenkasi,
                        Tenkasi District.                                 : Appellants
                                                         Vs.


                     The Correspondent,
                     A.V.S. High School,
                     Puliangudi – 627 855.
                     Kadayanallur Taluk,
                     Tenkasi District.                                   : Respondent



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

                     praying to set aside the order dated 28.02.2024 in W.P.(MD)No.

                     1729 of 2024.
https://www.mhc.tn.gov.in/judis

                     1/5
                                                                        W.A.(MD)No.2246 of 2024




                                  For Appellants   : Mr.J.Ashok
                                                   Additional Government Pleader
                                  For Respondent : Mr.T.Pon Ram Kumar


                                                   JUDGMENT

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

Challenge is made to the order of the learned Single

Judge dated 28.02.2024 in W.P.(MD)No.1729 of 2024.

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.

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 https://www.mhc.tn.gov.in/judis

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.

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.]
                                                                07.11.2024
                     Neutral Citation : Yes/No
                     Index        : Yes/No
                     Internet : Yes/No
                     MR

https://www.mhc.tn.gov.in/judis

To

1.The Chief Educational Officer, Tenkasi, Tenkasi District.

2.The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

https://www.mhc.tn.gov.in/judis

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR

JUDGMENT MADE IN

07.11.2024

https://www.mhc.tn.gov.in/judis