Madras High Court
The Chief Educational Officer vs Anitha. S.S on 8 April, 2025
Author: S.Srimathy
Bench: J.Nisha Banu, S.Srimathy
W.A.(MD)No.915 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A.(MD)No.915 of 2025
&
C.M.P.(MD)No.5926 of 2025
1.The Chief Educational Officer,
Kanyakumari District.
2.The District Educational Officer,
Nagercoil, Kanyakumari District. ... Appellants
-Vs-
1.Anitha. S.S.
2.The Correspondent,
L.M.S.Higher Secondary School,
Jamestown, Kanyakumari District. ... Respondents
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
set aside the order dated 02.09.2022 made in W.P.(MD)No.15783 of 2022 on the
file of this Court.
For Appellants : Mr.J.Ashok,
Additional Government Pleader
For Respondents : Mr.E.V.N.Siva
Page 1 of 6
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W.A.(MD)No.915 of 2025
JUDGMENT
[Judgment of the Court was delivered by S.SRIMATHY, J.]
This Writ Appeal is directed against the order of this Court dated
02.09.202 made in W.P.(MD)No.15783 of 2022.
2.It is the case of the writ petitioner that one D.P.Vijila, who was
working as P.G. Assistant (Tamil) in the 2nd respondent school died. In the said
vacancy the writ petitioner was appointed on 01.12.2021 and the school had
submitted a proposal to the 2nd appellant, seeking approval for the appointment of
the writ petitioner. However, the same was rejected, vide proceedings dated
19.05.2022, citing the pendency of SLP(C)No.015702 of 2021. Therefore, the writ
petitioner had filed the said Writ Petition.
3.The Writ Court, considering the judgment rendered in the case of
Secretary to Government and others vs Iruthaya Amali and another reported in
2021 SCC Online Mad 1285, allowed the Writ Petition, directing the appellants to
grant approval for the appointment of the writ petitioner. Aggrieved by the same
the present Writ Appeal is preferred.
4.Heard the Learned Counsels appearing on either side and perused the
materials available on record.
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5.The contention of the writ petitioner is that the as per the aforesaid
judgment in Iruthaya Amali’s case for the purpose of fixing the staff strength of a
school, the concerned school shall be the unit and not the educational agency /
joint management / corporate management. In the present case, there is no surplus
in the present school and also in the corporate management. However, the
appellant submitted that there are surplus in the revenue district, hence, the
appellants have rejected the approval.
6.It is seen as per 2024-2025, there are 105 surplus teachers in P.G.
Assistant post in aided schools in entire Tamil Nadu and Chennai is not included
in the said data. As far as P.G. Assistant (Tamil), there are 20 surplus teachers in
P.G. Assistant (Tamil) post in aided schools in entire Tamil Nadu and Chennai is
not included in the said data.
7.In the present case, the appointment is in P.G. Assistant (Tamil). In
Kanyakumari Revenue District, the total P.G. Assistants (all subjects) surplus is 39
and surplus teachers in P.G. Assistant (Tamil) are 4. The said four surplus is only
in the minority institutions alone and not in the non-minority institutions. The
relevant data for Kanyakumari Revenue District is extracted hereunder:
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2024-2025 PG EXCESS DETAILS
khtl;lk; : fd;dpahFkhp
Management cghp gzpaplq;fs;
category j M k f , Nt c Tp jh t ngh f tu G t cl nkhj;
kp q; i zp a jpap ap y tu zp Usp z yh tp zp w;f jk;
o; fp y jk; w;g ay; hp q;f tp ft ay; f;F W ap f y;tp
y ah pa ap pa a pa gjp a f ,a
k; s y; y; y y; y; tp y; zp f;F
k; a j eh;ep
y; k; iy
I
Minority 4 4 3 3 2 1 0 1 1 0 0 0 0 0 0 9 28
Non- 0 2 0 1 2 1 0 1 1 0 0 0 0 0 0 3 11
Minority
Total 4 6 3 4 4 2 0 2 2 0 0 0 0 0 0 12 39
8.Since the writ petitioner was appointed on 01.12.2021 and the surplus
is for the subsequent academic year 2024-2025, therefore, the appointment of the
writ petitioner ought to be approved. However, in future if the school needs any
P.G. Assistant (Tamil), then the school shall choose from the four surplus in P.G.
Assistant (Tamil).
9.It is made clear that by the above direction the minority status of the
school will not be affected, since the minority schools are extending their
supportive hand to the Government to fulfil their social responsibility. Further, it
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is only a temporary situation, once the surplus becomes ‘Nil’ then the schools
would get their right to appoint teaching staffs.
10.With the above observation, this Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.]
08.04.2025
NCC : Yes / No
Index : Yes / No
Yuva
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
Yuva
08.04.2025
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