The State Of Tamil Nadu vs The Correspondent
2024 Latest Caselaw 20775 Mad

Madras High Court

The State Of Tamil Nadu vs The Correspondent on 23 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                W.A.(MD) No.2077 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 23.10.2024

                                                       CORAM:

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

                                           W.A.(MD) No.2077 of 2024
                                                    and
                                          C.M.P(MD)No.14756 of 2024

                 1.The State of Tamil Nadu,
                   Represented by its Secretary,
                   Department of School Education,
                   Fort St. George,
                   Chennai - 600 009.

                 2.The Director of School Education,
                   College Road, Chennai - 600 006.

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

                 4.The District Educational Officer,
                   Tirunelveli (Secondary),
                   Tirunelveli District.                                       ... Appellants

                                                        -vs-

                 The Correspondent,
                 CMSES David Memorial Higher Secondary School,

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                 Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                      W.A.(MD) No.2077 of 2024


                 Karisal Post, Cheranmahadevi,
                 Tirunelveli District-627 414.                                       ... Respondent

                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,
                 dated 14.12.2023, passed in W.P.(MD)No.26738 of 2023.


                                  For Appellants   : Mr.S.P.Maharajan
                                                     Special Government Pleader
                                  For Respondent   : Mr.K.Ragatheesh Kumar

                                                    JUDGMENT

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

The State is on appeal aggrieved by the order of the Writ Court, directing

approval of the appointment of one D.Tennis Doss as B.T. Assistant (Science) in

the respondent School.

2. The respondent school appointed the said Tennis Doss as B.T. Assistant

(Science) in the Secondary Grade Teacher vacancy caused due to the death of the

incumbent in that post and sought for approval of the said appointment. The

District Educational Officer, Tirunelveli, the fourth appellant herein, refused

approval on the ground that the respondent school has not obtained prior approval

for upgrading the post of secondary grade teacher held by Tennis Doss, as a

graduate teacher.

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

3. The question of prior approval for upgradation is no longer res integra.

This Court in Government of Tamil Nadu, Rep. by its Secretary to

Government, Department of School Education, Madras and others vs.

J.Remila and others reported in 2018 (1) Writ Law Reporter 410, has held that

a minority institution does not require prior approval for upgradation of a post.

The said view was affirmed by the another Division Bench of this Court in a

recent judgment dated 29.02.2024 rendered in W.A.(MD)Nos.1093 of 2023 and

630 of 2024 [The Government of Tamil Nadu, Rep. by its Secretary, Education

Department, Chennai and others vs. Immaculate Arputha Mary Usha and others].

4. The Writ Court has taken note of the fact that the respondent school is a

stand alone minority school and the question of surplus teachers would not arise.

Therefore, we do not find any reason to interfere with the order of the Writ Court.

The Writ Appeal fails and it is accordingly dismissed. No costs. Consequently,

connected Miscellaneous Petition is closed.

                 NCC              : Yes / No                   [R.S.M., J.]      [L.V.G., J.]
                 Index            : Yes / No                           23.10.2024
                 bala

                 ____________

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

To

1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

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

4.The District Educational Officer, Tirunelveli (Secondary), Tirunelveli District.

____________

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

23.10.2024

____________

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