Madras High Court
The Director Of Elementary Education vs Khairejaree Aided Middle School on 17 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
WA No.3040 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM :
The Hon'ble Mr.JUSTICE D.KRISHNAKUMAR
AND
The Hon'ble Mr.JUSTICE P.B.BALAJI
W.A.No.3040 of 2024
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai-600 006.
2.The District Educational Officer,
Ranipet, Ranipet District.
3.Block Educational Officer,
Arcot Block Mupuduvetti,
Ranipet District. ... Appellants
versus
KhaireJaree Aided Middle School,
represented by its Correspondent,
M.Abdul Jameel, No.493, (New) Old No.167,
Anna Road,
Melvisharam 632 509 ... Respondent
Page 1 of 6
https://www.mhc.tn.gov.in/judis
WA No.3040 of 2024
PRAYER: Writ Appeal filed against the order of the learned Single Judge
in W.P.No.10163 of 2022 dated 29.01.2024.
For Appellants : Mr.U.M.Ravichandran
Special Government Pleader
For Respondents : Mrs.Dakshyani Reddy
Senior Counsel
JUDGMENT
(Delivered by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single
Judge in W.P.No.10163 of 2022 dated 29.01.2024.
2. Learned Special Government Pleader appearing for the
appellants submitted that the writ court has not considered the submissions
made by the Department and allowed the writ petition and granted relief to
the respondent herein. He further submits that the department has raised
several grounds in the writ appeal.
https://www.mhc.tn.gov.in/judis
3. Learned Senior Counsel for the respondent submits that in a
similar matter in the case of the Director of Elementary Education,
College Road, Chennai & Others vs. J.Prema Anitha, Secondary Grade
Assistant, Danish Mission Elementary School, Cuddalore & Another
reported in CDJ 2024 MHC 5454, a Division Bench of this Court has held
as follows:
"7. Here in this case, the first respondent
was appointment as B.T.Assistant, vide order
dated 18.01.2019 and she joined duty on
21.01.2019. The proposal for approval of her
appointment was forwarded to the appellants on
21.01.2019, viz, prior to the issuance of
G.O.Ms.No.165, dated 17.09.2019. At this
juncture, it is to be noted that, earlier, this Court,
vide order made in W.P.No.1251 of 2020, dated
16.06.2022; and W.P.No.727 of 2023, dated
05.07.2023, has directed the appellants to
consider and pass an order of approval of the
appointment of first respondent made by the
school management, however the proposals were
rejected. As such, considering the facts and
circumstances of the case and also in the light of
the above judgment passed by a Division Bench of
this Court, the appellants therein are directed to
consider and pass an order of approval of the
appointment made by the School Management,
provided the said proposals satisfy the norms
prescribed for such appointment and as per the
https://www.mhc.tn.gov.in/judis
Rules, as expeditiously as possible preferably
within a period of twelve weeks from the date of
receipt of a copy of this judgment, bearing in mind
the aforesaid judgment."
4. In the light of the judgment of Division Bench cited supra, this
Court is inclined to pass orders as follows:
i) The impugned orders in Aa.Thi.Mu 118/A3/2022 dated
07.02.2022, in Aa.Thi.Mu 119/A3/2022 dated 07.02.2022, in
Aa.Thi.Mu.120/A3/2022 dated 07.02.2022 and in Aa.Thi.Mu.117/A3/2022
dated 07.02.2022 are set aside.
ii) The appellant department is directed to consider and pass
orders on the proposal for approval of the appointment of persons, namely,
C.S.Nazeer Ahmed, Y.Kouser Siddiqua, Mohammed Nazrullah and
Abdullah Basha, made by the School Management/respondent herein
provided the said proposals satisfy the norms prescribed for such
appointment and as per the Rules, as expeditiously as possible, preferably
within a period of twelve weeks from the date of receipt of a copy of this
judgment, bearing in mind the aforesaid judgment.
https://www.mhc.tn.gov.in/judis
5. With the above directions, the writ appeal stands disposed of.
There shall be no order as to costs. Consequently, CM.P.No.22811 of 2024
is closed.
(D.K.K., J.) (P.B.B., J.)
17.10.2024
Index : Yes/No
NC : Yes/No
MRN
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
(MRN)
17.10.2024
https://www.mhc.tn.gov.in/judis
