Madras High Court
P.Gracy … vs The Director Of Elementary Education on 23 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.30147 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.30147 of 2023
and WMP Nos.29773 & 29774 of 2023
P.Gracy …. Petitioner
-Vs-
1.The Director of Elementary Education
DPI Campus
Chennai 600 006.
2.The District Educational Officer
Hosur, Krishnagiri District.
3.The Block Educational Officer
Kelamangalam Block
Denkanikottai Taluk
Krishnagiri District.
4.The Correspondent
St. Joseph Primary Aided School
Kelamangalam Block
Denkanikottai Taluk
Krishnagiri District. .. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd
respondent in Na.Ka.No.1429/A7/2020 dated 29.10.2020 and quash the same and
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W.P.No.30147 of 2023
consequently direct the respondents to grant approval to the appointment to the
petitioner to the post of Secondary grade teacher in the 4th respondent school with
effect from 01.08.2019 with service and monetary benefits.
For Petitioner : Mrs.Dakshayani Reddy
Senior Counsel
for Ms.S.Suneetha
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader
for R1 to R3
No appearance for R4
ORDER
This writ petition has been filed challenging the impugned proceedings of the
2nd respondent dated 29.10.2020 and for a consequential direction to the respondents
to grant approval to the appointment of the petitioner to the post of Secondary Grade
Teacher in the 4th respondent School with effect from 01.08.2019.
2.The case of the petitioner is that the 4th respondent is a aided minority
School which comes under the control of Servite Generalate. The petitioner was
appointed to the post of secondary grade teacher under the vacancy which arose due
to the retirement of the incumbent. The further case of the petitioner is that she was
appointed in a sanctioned post.
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3.The 4th respondent School forwarded the proposal seeking for sanction
of the appointment of the petitioner. The same was rejected by the 2nd respondent
through impugned proceedings dated 29.10.2020. Aggrieved by the same, the
present writ petition has been filed before this Court.
4.Counter affidavit has been filed by the 3rd respondent. The 3rd
respondent has taken a stand that the 4th respondent School must only deploy surplus
teacher and instead the 4th respondent has made a fresh appointment of the
petitioner which is contrary to the Government Order. Thus, the fresh appointment of
the petitioner is illegal and there was no surplus post available. According to the 3rd
respondent, the management ought to have deployed any one of the four surplus
teachers in the vacancy and instead, a fresh appointment was made. Therefore,
proposal was rejected. Accordingly, the official respondents have sought for the
dismissal of this writ petition.
5.Heard Mrs.Dakshayani Reddy, learned Senior Counsel for the petitioner,
Mrs.S.Mythreye Chandru, larned Special Government Pleader for R1 to R3. There is
No appearance for R4 either in person or through counsel.
6.In the considered view of this Court, the issue that is involved in the
present writ petition is squarely covered by the judgment of the Division Bench in WA
(MD).Nos.76 of 2019 etc., dated 31.03.2021. The Division Bench made it clear that
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the operation of G.O.Ms.No.165 dated 17.09.2019, is only prospective and it cannot
operate retrospectively disabling the schools from filling up the sanctioned post.
7.This judgment was subsequently followed in WA(MD).No.1098 of 2022
dated 16.8.2023. It was held that where the appointment was made in a sanctioned
post prior to the Government Order, the pre-condition for redeployment of surplus
teachers will not come into play since GO.Ms.No.165 was not in operation.
8.In the light of the above judgments, the impugned proceedings of the
2nd respondent dated 29.10.2020, is unsustainable and the same is hereby quashed.
There shall be a direction to the 4th respondent to resubmit the proposal to the 2nd
respondent through the 3rd respondent seeking for the approval of the appointment of
the petitioner in the post of Secondary Grade Teacher in the 4th respondent School.
The same same shall be considered and appropriate orders shall be passed by the 2 nd
respondent granting approval with all attendant benefits, if the petitioner has satisfied
all the other requirements. The proceedings shall be issued within a period of six
weeks from the date of receipt of copy of the order. It goes without saying that the
School in question is an aided minority School and therefore, the respondents should
not insist for TET qualification.
9.In the result, this writ petition stands allowed. No costs. Consequently,
connected miscellaneous petitions are closed.
https://www.mhc.tn.gov.in/judis
23.10.2024
Index : Yes/No
NCS : Yes/No
KP
To
1.The Director of Elementary Education
DPI Campus
Chennai 600 006.
2.The District Educational Officer
Hosur, Krishnagiri District.
3.The Block Educational Officer
Kelamangalam Block
Denkanikottai Taluk
Krishnagiri District.
4.The Correspondent
St. Joseph Primary Aided School
Kelamangalam Block
Denkanikottai Taluk
Krishnagiri District.
N.ANAND VENKATESH, J.
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KP
Writ Petition No.30147 of 2023
23.10.2024
https://www.mhc.tn.gov.in/judis
