Madras High Court
The Correspondent vs The Director Of School Education on 27 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.15034 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.15034 of 2018
and
W.M.P.(MD)Nos.13579 & 13580 of 2018
The Correspondent,
St. Joseph's Convent,
Higher Secondary School,
Nagercoil – 624 101.
Kanyakumari District. : Petitioner
Vs.
1.The Director of School Education,
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
3.The District Educational Officer,
Nagercoil,
Kanyakumari District. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus, calling for the
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W.P.(MD)No.15034 of 2018
records relating to the impugned proceedings issued byt eh third
respondent District Education Officer in O.Mu.No.03931/Aa1/17
dated 18.08.2017, quash the same and further direct the second and
third respondents to approve forthwith the appointment of B.Alwin
Mercy as B.T. Assistant (Science) in the petitioner's school w.e.f.
08.06.2017 and disburse the grant-in-aid towards her salary and
allowances w.e.f. the said date with all attendant benefits.
For Petitioner : Mr.K.Ragatheesh Kumar
For Respondents : Mr.T.Amjad Khan
Government Advocate
ORDER
The point that arises for consideration in this Writ Petition
is whether, in case surplus teachers are there in very same corporate
management of the petitioner school, the respondents have got the
right to reject approval for the appointment of a teacher in the
petitioner school where there are no surplus teachers.
2.The law is now well settled as held in the decision of the
Division Bench rendered in the case of Secretary to Government
of Tamil Nadu, School Education Department, Chennai – 9 and
others Vs. Iruthaya Amali in W.A.(MD)No.76 of 2019 as well as
the decision of the Division Bench of this Court dated 27.08.2024 in
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W.A.(MD)No.1445 of 2024 in the case of Director of School
Education and others Vs. The Correspondent, St. Mary's Tope
Middle School, Tiruchirappalli, that in cases where appointments
are made prior to the date of decision in Iruthaya Amali case ie.,
31.03.2021 referred to supra, the respondents are having the power
to approve the appointment but only in cases where the date of
appointment of the teacher is subsequent to 31.03.2021, which is the
date of the decision rendered in Iruthaya Amali case by the
Division Bench of this Court, the approval can be given only when
there are no surplus teachers in the very same Corporate
Management.
3.Admittedly, in the case on hand, B.Alwin Mercy was
appointed by the petitioner as B.T. Assistant [Science] on 08.06.2017
itself much prior to 31.03.2021, which is the cut off date for grant of
approval as laid down by the Division Bench judgment of this Court
in Iruthaya Amali case referred to supra and therefore, the
respondents ought to have approved the appointment as sought for
by the petitioner school but erroneously the respondents have
rejected her appointment under the impugned order.
4.For the foregoing reasons, the impugned order dated
18.08.2017, rejecting the petitioner's request seeking approval for
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the appointment of B.Alwin Mercy as B.T. Assistant [Science] in the
petitioner school with effect from 08.06.2017 has to be quashed and
this Writ Petition will have to be allowed. Accordingly, the impugned
order dated 18.08.2017 passed by the third respondent is hereby
quashed and this Writ Petition is allowed and the second respondent
is directed to approve the appointment of B.Alwin Mercy as B.T.
Assistant [Science] in the petitioner school with effect from
08.06.2017 and disburse the eligible grant-in-aid towards her salary
and other eligible allowances with effect from the said date within a
period of three [3] months from the date of receipt of a copy of this
order.
5.Accordingly, this Writ Petition stands allowed. There shall
be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
27.09.2024
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
https://www.mhc.tn.gov.in/judis
To
1.The Director of School Education,
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
3.The District Educational Officer,
Nagercoil,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
MR
27.09.2024
https://www.mhc.tn.gov.in/judis
