The Secretary To Government vs Arulanthu ... 1St
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Madras High Court

The Secretary To Government vs Arulanthu ... 1St on 25 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                         W.A(MD)No.2157 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         DATED : 25.10.2024

                                                 CORAM:

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


                                      W.A(MD)No.2157 of 2024
                                               and
                                    C.M.P.(MD)No.15178 of 2024
              1.The Secretary to Government,
               Education Department,
               State of Tamil Nadu,
               St. Fort George,
               Chennai-9.

              2.The Director of School Education,
               D.P.I.Compound,
               College Road,
               Chennai-6.

              3.The Chief Educational Officer,
               Tirunelveli District,
               Tirunelveli.

              4.The District Educational Officer,
               Tirunelveli District,
               Tirunelveli                        ... Appellants / Respondents to 4

                                                    -vs-
              1.Arulanthu                                  ... 1st Respondent/ Writ Petitioner

              2.The Correspondent,
               St. Xaviers Higher Secondary
                 School,
               Palayamkottai,
               Tirunelveli District.                       ... 2nd respondent /5th respondent

              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
              order dated 19.09.2022 in W.P.(MD)No.9806 of 2019.
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https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                          W.A(MD)No.2157 of 2024



                           For Appellants   : Mr.S.P.Maharajan,
                                              Special Government Pleader

                           For R-1          : Mr.I.Pinaygash

                                               JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge is to the order directing approval of the appointment of the

1st respondent, namely, Arulanthu as a Junior Assistant at St. Xavier's

Higher Secondary School, Palayamkottai. It is now stated that the

appointment has since been approved. Be that as it may, this Court has

repeatedly held that approval cannot be refused to posts which are

sanctioned be it teaching or non teaching.

2. We are therefore, unable to fault the Writ Court for having

directed approval. The fact that the approval has been granted on

09.09.2024 is also recorded. The writ appeal therefore fails, and it is

accordingly dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                           [R.S.M., J.]            [L.V.G., J.]
                                                                     25.10.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Sml


                ____________

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

To

1.The Secretary to Government, Education Department, State of Tamil Nadu, St. Fort George, Chennai-9.

2.The Director of School Education, D.P.I.Compound, College Road, Chennai-6.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Tirunelveli District, Tirunelveli.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Sml

25.10.2024

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