Madras High Court
J.D.Christopher Asir vs The Director Of School Education on 19 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.22730 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2024
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.22730 of 2024
and
W.M.P(MD)Nos.19252 and 19253 of 2024
J.D.Christopher Asir ... Petitioner
Vs.
1.The Director of School Education,
DPI Campus, College Road,
Chennai.
2.The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
3.The District Educational Officer,
Ramanathapuram,
Ramanathapuram District.
4.St.Andrews Girls Higher Secondary School,
Rep. by its Correspondent,
Ramanad District,
Ramanathapuram. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
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W.P.(MD)No.22730 of 2024
the proceedings issued by the third respondent in his proceedings in
Na.Ka.No.2641/A5/2020 dated 21.03.2023 and quash the same as illegal and
consequently directing the respondents 1 and 2 to approve the appointment of
the Petitioner with effect from 04.08.2017 in the post of B.T.Assistant (English)
in the fourth respondent school with all attendant service and monetary benefits
within the period that may be stipulated by this Court.
For Petitioner : M/s.H.Jasima Yasmin
For M/s.Ajmal Associates
For R1 ro R3 : Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
The instant writ petition has been filed by a B.T.Assistant (English)
appointed in the fourth respondent school, challenging the order, dated
21.03.2023, passed by the third respondent herein, wherein, the authority has
sought for two copies of the order passed in W.P.(MD)No.10705 of 2020.
2. The petitioner herein was appointed as B.T.Assistant (English) by the
fourth respondent management by an order, dated 03.08.2017. The proposal
forwarded by the management was rejected by the authorities by an order, dated
04.06.2018 citing that the petitioner has not cleared TET examination. The said
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order was challenged by the petitioner in W.P(MD)No.13935 of 2018. This
Court by an order, dated 29.06.2018 set aside the said order and directed to re-
consider the proposal without insisting upon pass in TET examination.
3. The second respondent herein had passed an order, dated 30.06.2019
rejecting the proposal for the second time citing different reasons.
4. According to the second respondent, the school is having surplus
teachers in the subject of Mathematics and Science and therefore, they will be
able to handle English subject. This order was challenged by the petitioner in
W.P(MD)No.10705 of 2020. The said writ petition was clubbed along with
several writ petitions and writ appeals in a batch of W.A.No.76 of 2019 and
heard by the Division Bench of this Court. The Division Bench of this Court
disposed of the writ appeals and writ petitions on 31.03.2021 with a series of
directions.
5. The said judgment of the Division Bench of this Court was challenged
before the Hon’ble Supreme Court of India in S.L.P.No.15702 of 2021 and the
said special leave petition was disposed of on 16.02.2024 by directing the
concerned authority to approach the High Court granting liberty to adjudicate
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upon the issue raised in Paragraph No.95 (m) of the judgment of the Division
Bench of this Court.
6. The second respondent herein raising doubts over the fact, whether the
order, dated 30.06.2019 was set aside or not, has called for two copies of the
judgment of the Division Bench of this Court under the impugned order. Hence,
the present writ petition.
7. According to the learned counsel for the petitioner, individual writ
petition was not dealt with by the Division Bench of this Court and no specific
orders were passed either sustaining or reversing the orders passed by the
concerned authorities. Therefore, the learned counsel for the petitioner
contended that reasons assigned by the second respondent that the Mathematics
and Science teachers could handle English subject is not legally sustainable and
liable to be set aside.
8. Per contra, the learned Additional Government Pleader for the
respondents 1 to 3 contended that unless the decision of this Court challenging
the order, dated 30.06.2019 is clarified, the authorities would not be in a
position either to approve or to reject the appointment. He further contended
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that the present impugned order cannot give any cause of action to the petitioner
to file a writ petition, in view of the fact, that the authority has merely sought
for two copies of the judgment of the Division Bench of this Court and they
have neither rejected the proposal nor returned the proposal.
9. I have carefully considered the submissions made on either sides and
perused the materials on record.
10. This is the third round of litigation at the instance of the teacher, who
was appointed on 04.08.2017 as B.T.Assistant (English) in the fourth
respondent aided minority institution.
11. In the first round of litigation, this Court was pleased to direct the
authorities to consider the proposal of the school management without insisting
upon TET certificate. In the second round of litigation, challenging the order,
dated 30.06.2019, the Hon’ble Division Bench of this Court pleased to pass
series of direction to consider how the surplus has to be dealt with.
12. A perusal of the order, dated 30.06.2019 will clearly indicate that it is
a result of non-application of mind. A Mathematics teacher or a Science teacher
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would not be in a position to handle the English subject. Therefore, such reason
assigned is not sustainable in law.
13. In view of the above said facts, the order impugned in the writ
petition is set aside and the respondents 2 and 3 are directed to approve the
appointment of the petitioner with effect from 04.08.2017 with all attendant
benefits and pass orders within a period of 12 weeks from the date of receipt of
a copy of this order.
14. With the said observations and directions, the writ petition stands
allowed. No costs. Consequently, the connected miscellaneous petitions are
closed.
19.10.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
SN
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To:
1.The Director of School Education,
DPI Campus, College Road,
Chennai.
2.The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
3.The District Educational Officer,
Ramanathapuram,
Ramanathapuram District.
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R.VIJAYAKUMAR, J.
SN
19.10.2024
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