The State Of Tamil Nadu vs The Correspondent
2024 Latest Caselaw 17244 Mad

Madras High Court

The State Of Tamil Nadu vs The Correspondent on 2 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                    W.A.(MD).No.1487 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                        DATED : 02.09.2024

                                                 CORAM:

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


                                     W.A.(MD).No.1487 of 2024
                                               and
                                    C.M.P.(MD)No.11540 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,
                Ramanathapuram,
                Ramanathapuram District.

              4.The District Educational Officer (Secondary Education),
                Ramanathapuram,
                Ramanathapuram District.                            ... Appellants

                                                    -vs-

              The Correspondent,
              Pallivasal Higher Secondary School,
              Mudukulathur – 623 704,
              Ramanathapuram District.                              ... Respondent

              PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against
              the order passed by this Court in W.P.(MD)No.31153 of 2023, dated


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              Page 1 of 3
                                                                      W.A.(MD).No.1487 of 2024


              22.12.2023.
                           For Appellants       : Mr.S.P.Maharajan,
                                                  Special Government Pleader
                           For Respondent       : Mr.K.Ragatheesh Kumar
                                                  M/s.Isaac Chamber

                                              JUDGMENT

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

Challenge in the Appeal is to the order of the Writ Court, directing

the appellants to approve the appointment of one M.Shaik Mansoor, as BT

Assistant (Tamil) in the respondent School.

2.The claim for approval was rejected on the ground that there was

surplus Teachers in the Educational District. Admittedly, the respondent is

a standalone minority institution and in the absence of any surplus

Teacher in the said School, the approval cannot be rejected.

3.We have also taken a similar view in W.A.(MD)No.1445 of 2024.

Hence, the Writ Appeal fails and it is accordingly, dismissed. No Costs.

Consequently, connected miscellaneous petition is closed.

                                                            [R.S.M., J.]      [L.V.G., J.]
                                                                     02.09.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Mrn


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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Mrn

and

02.09.2024

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