Madras High Court
R.Felcy Rani Latha vs The Commissioner Of School Education on 28 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.24439 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.24439 of 2024
and
W.M.P(MD) Nos.20766 and 20767 of 2024
R.Felcy Rani Latha
Headmistress,
CMS Evangelical Suvi David Memorial
Higher Secondary School,
Karisal- 627 414, Tirunelveli District. ... Petitioner
Vs.
1. The Commissioner of School Education,
College Road,
Chennai – 600 006.
2. The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
3. The District Educational Officer
(Secondary)
Tirunelveli, Tirunelveli District.
4. The Correspondent,
CMS Evangelical Suvi David Memorial
Higher Secondary School,
Karisal- 627 414,
Tirunelveli District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.24439 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned proceedings issued by the third respondent
District Educational Officer (Secondary), Tirunelveli in O.Mu.No.4360/
A2/2023, dated 12.02.2024, quash the same, and further direct the
respondents to approve the appointment of petitioner as Headmistress w.e.f
21.08.2020 in the fourth respondent School, namely, CMS Evangelical Suvi
David Memorial Higher Secondary School, Karisal, Tirunelveli District and
disburse grant -in-aid towards her salary and other monetary benefits.
For Petitioner : Mr.S.Xavier Rajini
For R1 to R3 : Mr.J.Ashok
Additional Government Pleader
ORDER
The present Writ Petition has been filed by the Headmistress of the
fourth respondent School, challenging the order passed by the third
respondent herein, wherein the request of the Management to approve the
promotion of the writ petitioner has been rejected on the ground that the
School has not followed Rule 15(4) of the Tamil Nadu Recognized Private
Schools (Regulation) Rules.
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2. According to the learned counsel appearing for the writ petitioner,
the fourth respondent School being a minority institution is exempted from
following the said Rules. Hence, he prayed for setting aside the order.
3. Per contra, the learned Additional Government Pleader appearing for
the respondents 1 to 3 had contended that unless the School follows the Rule
15(4) of the Tamil Nadu Recognized Private Schools (Regulation) Rules,
1974, the question of approving the promotion of the writ petitioner does not
arise. Hence, he prayed for sustaining the order impugned in the writ petition.
4. I have carefully considered the submission made on either side and
perused the materials available on record.
5. The Hon'ble Division Bench of our High Court in paragraph No.15
of the judgment reported in 2007 (4) LW 617 (Eka Ratchagar Sabai Higher
Secondary School and another Vs. K.Sumathi and another) has held that
Rule 15(4) of the Tamil Nadu Recognized Private Schools (Regulation)
Rules, 1974 is not applicable to minority institutions. Therefore, the order
impugned in the writ petition is set aside and the third respondent is directed
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to forward the proposal to the second respondent within a period of four
weeks from the date of receipt of a copy of this order. On receipt of the same,
the second respondent, who in turn is directed to approve the promotion order
of the writ petitioner within a period of eight weeks thereafter.
6. With the above said observations, the Writ Petition stands allowed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petitions stand closed.
28.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
To
1. The Commissioner of School Education,
College Road,
Chennai – 600 006.
2. The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
3. The District Educational Officer
(Secondary)
Tirunelveli, Tirunelveli District.
4. The Correspondent,
CMS Evangelical Suvi David Memorial
Higher Secondary School,
Karisal- 627 414,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
28.10.2024
https://www.mhc.tn.gov.in/judis
