Madras High Court
Shree G.K.Jain Higher Secondary School vs The Director Of School Education on 23 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.Nos.18664 & 19273 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition Nos.18664 & 19273 of 2024
and WMP Nos.20469 & 21139 of 2024
Shree G.K.Jain Higher Secondary School
Rep.by its Correspondent
15, 180 MS Koil St
Pudumanaikuppam
Royapuram
Chennai 600 013. …. Petitioner
in WP.No.18664 of 2024
-Vs-
1.The Director of School Education
DPI Campus, College Road
Chennai 600 006.
2.The Chief Educational Officer
Egmore
Chennai 600 008.
3.The District Educational Officer
Office of the District Education Office
Chennai (East)
Chennai 600 005. .. Respondents
in WP.No.18664 of 2024
Prayer in WP.No.18664 of 2024 : 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 OO.Moo.No.3481/Aa3/2023 dated 28.2.2024 and
quash the same and consequently direct the respondents to grant approval for
1/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
appointment to I. Mrs.Rajshree to the post of BT Assistant (Social Science) with effect
from 01.07.2023, II. Mrs.K.Vithya to the post of BT Assistant (Science) with effect
from 03.11.2023, III. Thiru. Surya Babu B.T. Assistant(English) with effect from
03.11.2023 IV. Mrs.Saraswathy as B.T. Assistant (Tamil) with effect from 16.03.2024
with all service and monetary benefits.
S.Snegha
D/o.Sigamani
Secondary Grade Teacher
Dasar's Elementary School
Dasarpuram
Thiruniravur-602204. …. Petitioner
in WP.No.19273 of 2024
-Vs-
1.The Director of Elementary School Education
DPI Campus
Chennai 600 006.
2.The Chief Educational Officer
(Elementary), Ponneri
3.The Block Educational Officer
Poonamallee.
4.The Correspondent
Dasar's Elementary School
Dasarpuram
Thiruniravur-602204.
.. Respondents
in WP.No.19273 of 2024
Prayer in WP.No.19273 of 2024 : 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 3rd respondent in Na.Ka.No.15/AA1/2024 dated 8.1.2024 and quash
the same and direct the respondents to grant approval to the petitioner to the post of
2/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
Secondary Grade Teacher with effect from 01.12.2023 with all monetary and service
benefits.
For Petitioner : Mrs.Dakshayani Reddy
(Both) Senior Counsel
for Ms.S.Suneetha
For Respondents : Mrs.S.Mythreye Chandru
(Both) Special Government Pleader
COMMON ORDER
The issue involved in both these writ petitions are common and hence both the
writ petitions are taken up together, heard and disposed of through this common
order.
2.The subject matter of challenge in WP.No.18664 of 2024, pertains to the
proceedings of the 2nd respondent dated 20.08.2024 and for a consequential direction
to the respondents to grant approval for appointment of various teachers with effect
from 16.03.2024 with all service and monetary benefits.
3.The subject matter of challenge in W.P.No.19273 of 2024, pertains to the
impugned order of the 3rd respondent dated 08.01.2024 and for a consequential
direction to the respondents to grant approval to the petitioner to the post of
Secondary Grade Teacher with effect from 01.12.2023.
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
4.The main grievance that has been expressed in both these writ petitions is
that the appointment of teacher has been made within the sanctioned strength and
that the School is entitled to fill up those posts and whereas, the proposal submitted
has been rejected on the ground that the post must be filled up deploying the surplus
teachers under the same management. The main ground taken is that the School in
question is a standalone School and therefore the reasoning given by the official
respondents to reject the proposal is unsustainable.
5.Counter affidavits have been filed in these writ petitions. The main ground
that has been taken in the counter affidavits is that as per GO.Ms.No.14 dated
13.01.2023, the deployment of surplus staff must be followed up while filling up the
vacancy wherever the schools are coming under the same corporate management. In
view of the same, the official respondents have justified the rejection of the proposal
submitted by the School and sought for the dismissal of the writ petitions.
6.The issue that is involved in these writ petitions is squarely covered by the
judgment of the Division Bench in WA(MD).Nos.76 of 2019 etc., batch dated
31.03.2021.
7.In the case in hand, the petitioner in WP.No.18664 of 2024 and the 4 th
respondent in WP.No.19273 of 2024 are standalone Schools. Hence paragraph 95(v)
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
of the Division Bench will apply to this case. For proper appreciation, the same is
extracted hereunder:
(v) Like that insofar as aided minority institutions are
concerned,if it is a stand alone institution, their right of appointing a
teacher in a vacancy within the sanctioned strength for the academic
year 2021-22 shall not be affected because of the identified excess
teachers in other schools. At the same time, even if the school is a
minority institution, however being administered by a joint
management or corporate management, in respect of those schools,
even though vacancy arose within the sanctioned strength of such
school or schools under corporate management or joint
management, those vacancies shall not be filled up unless the excess
staff identified in all other schools under the same corporate or joint
management are exhausted fully and only after exhausting the
redeployment process on all excess teachers identified in the group
of schools under the same corporate management, they shall be free
to make appointment afresh from open market in the vacancy if any
still, within the sanctioned strength.
8.The judgment of the Division Bench has been subsequently confirmed by the
Apex Court by order dated 16.02.2024 and the matter was remanded back to this
Court only insofar as sub clause (i) of Paragraph 95.
9.In view of the above, the impugned proceedings of the 2 nd respondent dated
28.02.2024 in W.P.No.18664 of 2024 and the impugned proceedings of the 3rd
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
respondent dated 08.01.2024 in WP.No.19273 of 2024, is hereby quashed. The
petitioner in WP.No.18664 of 2204, is directed to resubmit the proposal to the 3 rd
respondent seeking for approval for appointment of the teachers and the 3rd
respondent shall forward the same to the 2nd respondent and the 2nd respondent shall
pass appropriate orders granting approval, if the teachers are otherwise qualified.
Similarly, the 4th respondent School in WP.No.19273 of 204, shall resubmit the
proposal for the appointment of the petitioner for approval before the 3 rd respondent
and the 3rd respondent shall forward the same to the 2nd respondent. The 2nd
respondent shall issue necessary proceedings granting approval, if the petitioner is
otherwise qualified. The proceedings in both writ petitions shall be issued within a
period of six weeks. It goes without saying that the School in question is an aided
minority School and therefore, the respondents should not insist for TET qualification.
10.In the result, both the writ petitions are allowed with the above directions.
No costs. Consequently, all the connected miscellaneous petitions are closed.
23.10.2024
Index : Yes/No
NCS : Yes/No
KP
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
To
1.The Director of School Education
DPI Campus, College Road
Chennai 600 006.
2.The Chief Educational Officer
Egmore
Chennai 600 008.
3.The District Educational Officer
Office of the District Education Office
Chennai (East)
Chennai 600 005.
https://www.mhc.tn.gov.in/judis
W.P.Nos.18664 & 19273 of 2024
N.ANAND VENKATESH, J.
KP
Writ Petition Nos.18664 & 19273 of 2024
23.10.2024
https://www.mhc.tn.gov.in/judis
