Madras High Court
The State Of Tamil Nadu vs The Correspondent And Headmistress on 23 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A. Nos.2996 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2996 of 2024
and CMP.No. 22488 of 2024
1. The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George, Chennai-600009.
2.The Director of School Education,
College Road, Chennai-600006.
3.The Chief Educational Officer,
District Collectorate Compound,
Salem District -636001.
4.The District Educational Officer,
District Collectorate Compound,
Salem District -636001. .. Appellants
Vs
The Correspondent and Headmistress,
Jayarani Girls Higher Secondary School,
Nethimedu, Salem District -636002. ..Respondent
1/6
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W.A. Nos.2996 of 2024
Common Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
to set aside the order dated 12.01.2024 made in W.P. No.8155 of 2022 and
allow the Writ Appeal.
For Appellant : Mr.P.S.Raman,
Advocate General assisted by
for Mr.UM.Ravichandran,
Special Government Pleader
For Respondent : Mrs.S.Amala Irudhayamary
JUDGMENT
(Judgment of the Court was made by MR.JUSTICE D.KRISHNAKUMAR)
These Writ Appeals are filed against the order of the learned Single
Judge in W.P. No.8155 of 2022, dated 23.10.2024.
2. The learned Advocate General assisted by the leaned 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
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Appeal.
3. Learned Counsel appearing 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
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. The learned Advocate General appearing for the appellant
Department also did not dispute the said submission made by the learned
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counsel for the respondent. However, the learned Advocate General has
submitted that the respondent herein has not passed TET examination and
further submitted that as against the order of the Hon'ble Division Bench of
this Court in a similar matter, the department has preferred an appeal before
the Hon'ble Supreme Court and the same is pending.
5. Considering the submissions made by the learned Advocate
General and in the light of the judgment of Division Bench cited supra, the
order of the writ court is modified and accordingly, this Court is inclined to
pass orders as follows:
i. The impugned order passed by the fourth appellant herein in
O.Mu.No. 3374/a2/2020, dated 13.07.2020 is set aside.
ii. The appellant Department is directed to consider and pass orders on
the proposal for approval of the appointment of P.Maria, in the post of
B.T. Assistant (Science) with effect from 03.06.2019, 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.
iii. We make it clear that regarding the eligibility of passing in TET
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examination by the respondent, it is for the authorities concerned to
impose conditions subject to the outcome of the SLP pending before
the Hon'ble Supreme Court.
5. With the above directions, these Writ Appeal stands disposed of.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petition is also closed.
(D.K.K.J.,) (P.B.B.J.,)
23.10.2024
Internet: Yes/No
Index : Yes/No
Speaking Order/Non Speaking Order
ak
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D. KRISHNAKUMAR. J.,
and
P.B.BALAJI, J.
ak
and
23.10.2024
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