The Chief Educational Officer vs A.X.Mino ... 1St
2024 Latest Caselaw 19364 Mad

Madras High Court

The Chief Educational Officer vs A.X.Mino ... 1St on 16 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                       W.A(MD)No.1855 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 16.10.2024

                                                 CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                        W.A(MD)No.1855 of 2024
                                                 and
                                      C.M.P.(MD)No.14041 of 2024

              1.The Chief Educational Officer,
                Tirunelveli District.

              2.The District Educational Officer,
                Tirunelveli District.               ... Appellants / Respondents 1 & 2

                                                    -vs-

              1.A.X.Mino                            ... 1st Respondent/ Writ Petitioner

              2.The Correspondent,
                Child Jesus Girls' Higher
                 Secondary School,
                Palayamkottai,
                Tirunelveli District.               ... 2nd Respondent / 3rd Respondent



              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
              order dated 11.12.2023 in W.P.(MD)No.11101 of 2023.


                           For Appellants    : Mr.S.P.Maharajan,
                                               Special Government Pleader


                           For R-1           : Mr.V.Panner Selvam




                ____________
https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                           W.A(MD)No.1855 of 2024
                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge is to the order of the writ Court directing approval of the

appointment of the 1st respondent as B.T.Assistant in English.

2. The main ground of rejection was that there are surplus teachers

in other aided schools. This Court has held that availability of surplus

teachers in other aided schools cannot be a ground for rejecting approval if

the post is a sanctioned post.

3. The absence of TET qualification is also made a ground. Even that

ground has been rejected by this Court and this Court has consistently

held that TET qualification is not necessary for appointment in a minority

school.

4. Hence, we see no reason to interfere with the order of the writ

Court. The Writ Appeal therefore, fails and it is accordingly dismissed. It is

also seen that the approval has been granted to the appointment after the

disposal of the writ petition. There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed.

                                                            [R.S.M., J.]            [L.V.G., J.]
                                                                     16.10.2024
                NCC             :Yes/No
                Index :Yes/No
                Internet: Yes
                Sml
                ____________

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

To

1.The Chief Educational Officer, Tirunelveli District.

2.The District Educational Officer, Tirunelveli District.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Sml

16.10.2024

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