Madras High Court
The State Of Tamil Nadu vs S Preghi on 4 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)No.1524 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1524 of 2024
and
CMP(MD)No.11848 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,
The Office of the Chief Educational Officer,
S.L.B. South Road, Nagercoil,
Kanyakumari District-629 001.
4. The District Educational Officer,
The Office of the DEO,
S.L.B. South Road, Nagercoil,
Kanyakumari District-629 001. ... Appellants
vs.
1. S Preghi
2. The Correspondent,
Little Flower Girls Higher Secondary School,
Ramanputhur, Nagercoil-629 004,
Kanyakumari District. ... Respondents
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Page No.1 of 4
W.A(MD)No.1524 of 2024
Prayer : Appeal filed under Clause 15 of the Letters Patent, against the
order dated 29.11.2023 in W.P(MD)No.9430 of 2023.
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For R1 : Ms.S.Amala Irudhaya Mary
JUDGMENT
(Judgement of the Court was made by R.SUBRAMANIAN, J.)
The State is on appeal aggrieved by the direction issued by the
Writ Court requiring the State to approve the appointment of the 1st respondent
as a Sewing Teacher in the 2nd respondent school with effect from 01.07.2019
with all attendant benefits.
2. The 1st respondent was appointed as a Sewing Teacher as per the
staff fixation done for the academic year 2019-2020. Though it was found that
neither the 2nd respondent school or the Corporate Management which runs the
2nd respondent school have any surplus Sewing Teachers, the Chief Educational
Officer, Kanyakumari, refused approval on the ground that there are surplus
Sewing Teachers in other aided schools in the district. This Court has
repeatedly held that in respect of minority institutions, the availability of
surplus teachers in other aided schools cannot be a ground to reject the
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approval of appointments made in minority institutions particularly when there
are no surplus teachers in the relevant subject in the school or in the Corporate
Management.
3. As regards the Sewing Teachers, a Division Bench of this Court
after elaborately considering the position of law by its judgment dated
15.04.2024 made in W.A(MD)No.675 of 2024, had made it very clear that one
Sewing Teacher is essential in every girls school. Hence, we are unable to fault
the Writ Court for having directed approval of the appointment of the 1 st
respondent with effect from 01.07.2019. The Writ Appeal, therefore, fails and
it is dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
(R.S.M, J.) (L.V.G, J.)
04.09.2024
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Secretary,
Department of School Education,
Fort St. George, Chennai 600 009.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
bala
2. The Director of School Education,
College Road, Chennai - 600 006.
3. The Chief Educational Officer,
The Office of the Chief Educational Officer,
S.L.B. South Road, Nagercoil,
Kanyakumari District-629 001.
4. The District Educational Officer,
The Office of the DEO,
S.L.B. South Road, Nagercoil,
Kanyakumari District-629 001.
JUDGMENT MADE IN
DATED : 04.09.2024
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