Madras High Court
The Director Of School Education vs D.Albin ... 1St on 13 November, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.A.(MD)NO.353 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MS.JUSTICE R. POORNIMA
W.A.(MD)No.353 of 2021 AND
C.M.P.(MD)No.1222 of 2021
1. The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
2. The Chief Educational Officer,
Nagercoil, Kanyakumari District.
3. The District Educational Officer,
Thuckalay, Kanyakumari District. ... Appellants/ Respondents 1 to 3
Vs.
1. D.Albin ... 1st Respondent / Writ petitioner
2. The Correspondent,
St. Bernadette's Higher Secondary School,
Mangalakuntu – 629 178,
Kanyakumari District. ... 2nd Respondent / 4th Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
set aside the order dated 25.04.2019 passed in W.P.(MD)No.16096 of
2016.
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1/5
2 W.A.(MD)NO.353 OF 2021
For Appellants : Mr.V.Om Prakash,
Government Advocate.
For R-1 : Mr.S.C.Herold Singh,
For R-2 : Mr.K.Ragatheshkumar
***
JUDGMENT
(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The writ petitioner D.Albin was appointed as P.G.Assistant
in Political Science by the management of the second respondent herein.
The appointment was made on 01.04.2014. The proposal was submitted
to the Department for approval. On 01.06.2016, the approval was
declined. The reason set out in the order impugned in the writ petition is
that the candidate did not have Political Science as his subject in the
under graduation. It is seen that the petitioner had passed B.A.History
and took M.A.Political Science. This is a case of cross major.
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3. Challenging the rejection order dated 01.06.2016 seeking
approval of appointment, the candidate filed W.P.(MD)No.16096 of
2016.
4. The learned Single Judge noted that the issue raised in the
writ petition had been settled by the Hon'ble Division Bench in the
decision reported in 2009 (2) TLNJ 101(Civil) (The Director of School
Education, College Road, Chennai – 6 and others V. Geldon Wifred
Viola and another). The Hon'ble Division Bench in the said decision had
held as follows:-
“4. The question is whether the conditions of
service could be made applicable to the second respondent
School which is a minority institution: Even though the
school in question is a minority institution, it cannot
appoint a person to the post of teacher who is not
possessing the required qualifications under the rules.
Inasmuch as the teacher in question has obtained her Post
Graduate Degree in History, the School is competent to
appoint her as Junior Grade Post Graduate Assistant
(History) by placing reliance on the rules made under
Annexure V-A.
5. Mr. S. Rajasekar, learned Additional
Government Pleader would however submit that inasmuch
as G.O.Ms.No.720 Education Department, dated
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28.04.1981 and G.O.Ms.No.361 Education Department,
dated 31.12.1999 prescribe a minimum qualification for the
said post viz., Bachelor's Degree as well as Post Graduate
Degree in the subject, the teacher is not eligible, as she
does not possess a Bachelor's Degree in History. In our
opinion, the said submission of course is made on the basis
of the impugned order in the writ petition which is totally a
misconception. A careful reading of those Government
Orders would indicate that the qualifications prescribed
there under are primarily intended for the appointment of
teachers in the Government Schools. Nevertheless
Government Order contemplates that the said
qualifications are also applicable in respect of aided
schools as well pending amendment to the relevant rules. It
is well settled in law that the provisions of the Tamil Nadu
Recognized Private Schools (Regulation) Act, 1973 and
rules made there under are alone made applicable to the
second respondent-School and the qualifications are
prescribed under the rules framed in exercise of the powers
conferred under Section 56 of the Act. Any prescription of
the qualification by way of the Government Order without
amendment to the rules cannot be given effect to bind the
private schools and the appointments, conditions of
service, qualification are all governed by the provisions of
the Act and the rules made there under. The Government
Order G.O.Ms.361 Education Department dated
31.12.1999 which is questioned though has been issued in
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exercise of the power under Article 309 of the Constitution
of India, in our opinion, that would be made applicable
only to the Government Servants viz., the teachers who are
employed in the Government Schools and not to the
teachers in private schools, as those teachers are governed
only by the provisions of the Act and the rules made there
under. In the given case, as the rules contemplate only a
Master's Degree in the subject for appointment of a Junior
Grade Post Graduate Assistant and does not mandate a
Bachelor's Degree as well in the same subject. A teacher
who has secured a Master's Degree in the subject would be
entitled and is eligible for appointment to the post. The
rejection of the request for approval to the said post is
therefore erroneous, as it was done by following the
Government Order G.O.Ms.361 Education Department,
dated 31.12.2009.
6. In view of the above, we are of the considered
view that the impugned order in the writ petition is
unsustainable and accordingly the same is liable to be set
aside as has been done in the writ petition.
7. In the result, the writ appeal is dismissed. The
Director of the School Education is directed to accord
approval of the appointment of the first respondent teacher
- Ms. Geldon Wilfred Viola from the date of her
appointment and provide all the benefits attached to the
said post. No costs. ”
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5. We are more than satisfied that the writ petition was rightly
allowed. Interference is not warranted. This writ appeal is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.)
13th November 2024
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
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G.R.SWAMINATHAN,J.
AND
R.POORNIMA, J.
PMU
13.11.2024
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