The Correspondent vs The State Of Tamilnadu
2024 Latest Caselaw 20122 Mad

Madras High Court

The Correspondent vs The State Of Tamilnadu on 24 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                 W.A(MD)No.282 of 2022
                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 24.10.2024

                                                      CORAM :

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

                                              W.A(MD)No.282 of 2022
                                                     and
                                             CMP(MD)No.2720 of 2022

                The Correspondent,
                St. Xavier Middle School,
                Kottapatti – 621 306,
                Trichy District    .                                               ... Appellant

                                                          vs.

                1. The State of Tamilnadu,
                Rep by its Secretary,
                Department of School Education,
                Fort St. George,
                Chennai – 09.

                2. The Director of Elementary Education,
                College Road,
                Chennai - 06.

                3. The District Elementary Educational Officer,
                Trichy District at Trichy.

                4. The Assistant Elementary Educational Officer,
                Manaparai,
                Trichy District.                                                   ... Respondents

                          Prayer : Appeal filed under Clause 15 of Letters Patent, against the order
                made in W.P(MD)No.20689 of 2017 dated 12.01.2022.
https://www.mhc.tn.gov.in/judis
                Page No.1 of 4
                                                                                  W.A(MD)No.282 of 2022



                          For Appellants  : M/s.S.Xavier Rajini
                          For Respondents : Mr.S.P.Maharajan
                                                Special Government Pleader




                                                       JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The writ petition has been dismissed on the ground that the

strength of the students is below 250 and therefore, the school is not entitled to

a Sewing Teacher. The issue is no longer res integra. We have in The District

Educational Officer, Cheranmahadevi, Tirunelveli District, vs. Anden Helena

and another [W.A(MD)No.228 of 2023, dated 22.08.2024), decided the very

same issue by following a decision of another Division Bench of this Court in

Chief Educational Officer, Virudhunagar District and another vs. D.Gnana

Theepa Rani and another (W.A(MD)No.675 of 2024, dated 15.04.2024). The

law is settled to the effect that if it is a single post of Sewing Teacher, the

students strength does not count.

2. Hence, the Writ Appeal is allowed and the order of the Writ Court

is set aside. There will be a direction to the respondents to approve the

appointment of the teacher and also pay the salary and other benefits due to the https://www.mhc.tn.gov.in/judis

teacher within a period of twelve weeks from the date of receipt of a copy of

this judgment. No costs. Consequently, connected miscellaneous petition is

closed.

                                                              (R.S.M, J.)   (L.V.G, J.)
                                                                    24.10.2024
                Index              : Yes / No
                Neutral Citation   : Yes / No
                bala

                To

                1. The Secretary,
                State of Tamilnadu,

Department of School Education, Fort St. George, Chennai – 09.

2. The Director of Elementary Education, College Road, Chennai - 06.

3. The District Elementary Educational Officer, Trichy District at Trichy.

4. The Assistant Elementary Educational Officer, Manaparai, Trichy District.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN

DATED : 24.10.2024

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