The Government Of Tamil Nadu vs The Correspondent
2025 Latest Caselaw 5627 Mad

Citation : 2025 Latest Caselaw 5627 Mad
Judgement Date : 2 April, 2025

Madras High Court

The Government Of Tamil Nadu vs The Correspondent on 2 April, 2025

Author: R.Subramanian

Bench: R.Subramanian

                                                                                               W.A.No.614 of 2022
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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.04.2025

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                            AND

                                  THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

                                                W.A.No.614 of 2022
                                            and C.M.P. No. 4369 of 2022

                1.The Government of Tamil Nadu
                 Rep. by its Secretary
                 Department of School Education
                 Fort St. George, Chennai-600009.

                2.The Director of Elementary Education
                 College Road, Chennai-600006.

                3.The District Educational Officer
                 The District Educational Office
                 Kancheepuram – 631501.

                4.The Block Educational Officer
                 The Block Educational Office
                 Uthiramerur – 603406
                 Kancheepuram District.                                                ... Appellants
                                                              Vs.

                The Correspondent, St. Mary's Primary School
                104, Mambakkam, Kancheepuram District-603106.                                ... Respondent
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                                                                                               W.A.No.614 of 2022
                                                                                               ------------------------


                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to

                set aside the order dated 02.11.2021 passed in W.P.No.20517 of 2021.



                                        For Appellants      : Mr.U.M.Ravichandran, SGP

                                        For Respondent      : Mr.S.N.Ravichandran



                                                   JUDGMENT

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

This appeal challenges the order in W.P. No. 20517 of 2021 dated

02.11.2021 in and by which the writ Court allowed the writ petition filed by the

Management challenging the order refusing approval for appointment of one

D.Divya as a Secondary Grade Teacher. The rejection was based on the fact that

there were surplus Teachers in other schools in the District and without

redeploying them, the Management cannot appoint fresh Teacher. This issue has

been considered by this Court in W.A. No. 2319 of 2022 etc., batch. vide a

judgment dated 08.07.2024, this Court had held that G.O.Ms. No. 165, School

Education Department dated 17.09.2019, which prohibits appointments in cases

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where there are surplus Teachers is prospective and appointments made prior to

17.09.2019 cannot be invalidated or approval for such appointments cannot be

refused on the ground that there are surplus Teachers. The question of passing

the Teachers Eligibility Test, though not made a ground for rejection, will also

not arise for the institution is a minority institution as Teachers Eligibility Test

qualification is not required for persons, who are appointed as Teachers in the

minority institution. Hence, the writ appeal fails and it accordingly dismissed.

The appellants will grant approval to the appointment of Tmt.D.Divya within a

period of twelve(12) weeks from the date of receipt of a copy of this order.

Consequently, connected miscellaneous petition is closed. No costs.

                                                                           (R.S.M.,J.)      (G.A.M.,J.)
                                                                                    02.04.2025
                Index             : Yes/No
                Neutral Citation : Yes/No
                Speaking order / Non-Speaking order

                Maya




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                                                                                     R.SUBRAMANIAN, J.

                                                                                                  and
                                                                                    G.ARUL MURUGAN, J.

                                                                                                          Maya
                To

1.The Secretary to Government of Tamil Nadu Department of School Education Fort St. George, Chennai-600009.

2.The Director of Elementary Education College Road, Chennai-600006.

3.The District Educational Officer The District Educational Office Kancheepuram – 631501.

4.The Block Educational Officer The Block Educational Office Uthiramerur – 603406 Kancheepuram District.

Dated : 02.04.2025

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