The Director Of School Education vs The Correspondent
2024 Latest Caselaw 19088 Mad

Madras High Court

The Director Of School Education vs The Correspondent on 27 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                           W.A.(MD)No.1645 of 2024

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 27.09.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     AND
                                   THE HON'BLE MRS.JUSTICE VICTORIA GOWRI

                                            W.A.(MD)No.1645 of 2024
                                                     and
                                           C.M.P(MD)No.12903 of 2024

                 1.The Director of School Education,
                 College Road, Chennai – 600 006.

                 2.The Chief Educational Officer,
                 Nagercoil, Kanyakumari District.

                 3.The District Educational Officer,
                 Kuzhithurai,
                 Kanyakumari District                           ... Appellants/Respondents

                                                         vs.

                 The Correspondent,
                 St. Josephs Higher Secondary School,
                 Vizhuthayambalam
                 Kanyakumari District                           ... Respondent/Writ Petitioner



                 PRAYER: Writ Petition filed under Clause 15 of the Letters Patent challenging

                 the order dated 02.09.2022 made in W.P.(MD)No.6409 of 2021.

                 1/5

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                                                                                W.A.(MD)No.1645 of 2024

                                  For Appellants         : Mr.S.P.Maharajan
                                                           Special Government Pleader



                                                   JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

Challenge is to the order of the writ court in W.P(MD)No. 6409 of 2021,

wherein a direction is issued to the Government to approve the appointment of

Tmt.Leema Rose as a Graduate Teacher in the respondent school with effect from

the date of her appointment namely 03.07.2017. The said Leema Rose was

appointed in the vacancy caused by the retirement of Tmt.J.Jayanthi Jini, who had

worked as the Secondary Grade Teacher in the respondent school. The said post

of Secondary Grade Teacher was upgraded as a Graduate Teacher by virtue of

G.O.(Ms.)No.79, School Education Department, dated 14.06.2002.

2. The approval was mainly rejected on the ground that there were surplus

teachers at the fixation of staff strength for the years 2017-2018 and 2018-2019.

The teacher was appointed on 03.07.2017 i.e the period upto 31.08.2017.

Therefore, the question of surplus during the subsequent period cannot be taken

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into account for approval of appointment, which was done during the earlier

period. The writ court had also come to the conclusion that the upgradation of the

post of Secondary Grade Teacher under G.O.(Ms.)No.79, School Education

Department, dated 14.06.2002, is automatic and it does not require prior approval

of the education authorities. The other ground on which the approval sought to be

refused is that the respondent school has not followed the subject wise rotation in

appointing a Graduate Teacher even that has been held inapplicable to private

minority institution and hence we do not see any reason to interfere with the order

of the learned single Judge. The writ appeal fails and the same is dismissed. The

appellant shall pay all the monetary benefits payable to the teacher within a

period of eight weeks from the date of receipt of a copy of this order. No costs.

                                                                     (R.S.M., J.)     (L.V.G., J.)
                                                                             27.09.2024
                 NCC : Yes/No
                 Index : Yes / No
                 Internet : Yes / No
                 CM






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                 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,
                 Kuzhithurai,
                 Kanyakumari District






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                                       R.SUBRAMANIAN, J.
                                                   and
                                    L.VICTORIA GOWRI, J.

                                                            CM





                                                        and





                                                   27.09.2024





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