Madras High Court
M.Uma vs The State Of Tamil Nadu on 24 April, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)Nos.8689 and 10118 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)Nos.8689 and 10118 of 2025
and
W.M.P(MD)Nos.6502, 6504, 7537 and 7538 of 2025
W.P(MD)No.8689 of 2025:
M.Uma ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai.
2.The Director of School Education,
College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Madurai District.
4.The District Educational Officer,
Usilampatti,
Madurai District.
5.The Administrator,
Tamil Evangelical Lutheran Church (TELC),
P.B.No.86, Tranquebar House,
Trichy - 620 001.
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W.P.(MD)Nos.8689 and 10118 of 2025
6.The Correspondent/Advocate Administrator,
TELC Girls Higher Secondary School,
Usilampatti,
Madurai District - 625 532. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned order of the fourth respondent in Na.Ka.No.6971/A1/2024
dated .02.2025 signed on 19.03.2025 and quash the same as illegal and
consequentially direct the third respondent/The Chief Educational Officer and
fourth Respondent/District Educational Officer herein to approve the
appointment of the petitioner as B.T Assistant in Maths from the date of joining
(i.e.,) 27.02.2017 in the 6th respondent TELC Girls Higher Secondary School,
Usilampatti and disburse the salary and all other monetary benefits, including
the arrears, within a time frame to be fixed by this Court.
For Petitioner : Mr.Niranjan S.Kumar
For R1 to R4 : Mr.T.Amjad Khan
Government Advocate
W.P(MD)No.10118 of 2025:
Thangapalam
S/o.Royappan,
The Correspondent,
TELC Girls Higher Secondary School,
Usilampatti,
Madurai District - 625 532. ... Petitioner
Vs.
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W.P.(MD)Nos.8689 and 10118 of 2025
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai.
2.The Director of School Education,
College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Madurai District.
4.The District Educational Officer,
(Secondary)
Madurai District.
5.The Administrator,
Tamil Evangelical Lutheran Church (TELC),
P.B.No.86, Tranquebar House,
Trichy - 620 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned order of the fourth respondent vide proceeding reference no
Na.Ka.No.6971/A1/2024 dated .02.2025 signed on 19.03.2025 and quash the
same as illegal and consequentially direct the 4th respondent to approve the
appoint of Mrs.Uma, as B.T.Assistant, Maths in TELC Girls Higher Secondary
School, Usilampatti, Madurai District with effect from her original appoint
dated 27.02.2017 and to disburse the salary and all other monetary benefits,
including the arrears from the date of her appointment within a time frame to be
fixed by this Court.
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W.P.(MD)Nos.8689 and 10118 of 2025
For Petitioner : Mr.S.Kishore Kumar
For R1 to R4 : Mr.M.Siddharthan
Additional Government Pleader
COMMON ORDER
W.P(MD)No.8689 of 2025 filed against the order of the fourth
respondent, dated 19.03.2025, wherein, the appointment of the petitioner as
B.T.Assistant (Maths) in the sixth respondent School with effect from
27.02.2017 has been rejected.
2. Against the same order, W.P(MD)No.10118 of 2025 is filed by the
School.
3. The facts of the cases are herein under and the parties are referred to as
arrayed in W.P(MD)No.8689 of 2025:
In the sixth respondent school, one post of B.T.Assistant (Maths) fell
vacant on 06.07.2013 due to the transfer of then incumbent Tmt.S.Kavitha on
05.07.2013. The school appointed the petitioner as B.T.Assistant (Maths) on
24.02.2017 and the petitioner joined her duty in the School on 27.02.2017.
Thereafter, the school sent proposal to the fourth respondent on 06.06.2017 for
approval of appointment of the petitioner with effect from 27.02.2017 and to
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W.P.(MD)Nos.8689 and 10118 of 2025
disburse grant in aid towards her salary. Vide impugned order, the said proposal
was rejected on the ground that in the same corporate management, the surplus
teachers are available and as such, the appointment of the petitioner is not
possible. Aggrieved by the said order, the present writ petition is filed.
4. The learned counsel for the petitioner in both writ petitions submits
that the order of rejection is illegal, arbitrary and unjust and contrary to the
settled law.
5. In respect of applicability of the cut off date for appointment, it is
relevant to rely on the judgment of this Court held in W.P.(MD)No.7479 of
2024 dated 17.04.2024, wherein in paragraph Nos.4, 5 & 6 it is held as follows:
"4. However, the learned counsel for the petitioner attracted
the attention of this Court to the judgment passed by the Division
Bench of this Court in W.A.(MD).No.2119 of 2021 dated 23.06.2023
in the case of The Commissioner of School Education, Vs Aided
Muslim Committee Primary School, Rep. by its Correspondent,
S.Sheik Shajakhan Sithik, wherein it is held as under:
“8.Moreover, the said G.O., was issued only on
17.09.2019, whereas the teacher was appointed well
before the issuance of the said G.O., ie., 03.07.2018.
Therefore, assuming if the said G.O., ultimately would be
declared to be valid, that will have a prospective effect.
Moreover, as on today, the said G.O., is no more
available to the appellant department to say the reason
that by virtue of G.O.Ms.No.165, the appointment made in
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W.P.(MD)Nos.8689 and 10118 of 2025
respect of the teacher concerned at the 1st respondent
school cannot be approved. 9. In that view of the matter,
we have no hesitation to hold that the order impugned
passed by the learned Single Judge is perfectly valid and
therefore, it is to be sustained. In the result, this Writ
Appeal fails, therefore, it is to be dismissed, accordingly,
it is dismissed. As a sequel, there shall be a direction to
the appellant Department to approve the appointment of
the teacher concerned in the 1st respondent School and
extend all service benefits from the date of such
appointment to the teacher concerned within a period of
six weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition
is closed.”
5. The learned counsel for the petitioner also submitted that
the Government Order in G.O.Ms.No.165 dated 17.09.2019 has
been kept inoperative in W.A.(MD).No.76 of 2019 batch dated
31.03.2021 in the case of The Secretary to Government Government
of Tamil Nadu School Education Department, Fort St. George,
Chennai – 9 vs Iruthaya Amali and the relevant portion of the order
is extracted hereunder:
“95. In view of the aforesaid discussions, we are inclined to
pass the following orders in this batch of cases :
....
(o) In view of the aforesaid, the G.O.Ms.No. 165, School
Education [Tho.Ka.2(1)] Department, dated 17.09.2019 is
hereby declared to be inoperative.”
6. The petitioner's appointment has been made prior to the
order dated 31.03.2021 passed in W.A.(MD).No.76 of 2019 batch.
Hence, the petitioner School can get the advantage of getting
approval of the appointment of Sunitha as B.T.Assistant Tamil.
Therefore, the respondents cannot decline the approval of the
appointment due to the reasons of TET eligibility or the deployment
of the alleged surplus."
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W.P.(MD)Nos.8689 and 10118 of 2025
6. Since the above analogy is applicable to the situation that has arisen in
these case, the impugned order is liable to be set aside and the petitioner School
is also entitled for the same relief.
7. Accordingly, the order impugned in these writ petitions is hereby
quashed and these writ petitions are allowed. The respondents 3 and 4 are
directed to grant approval of appointment of Mrs.M.Uma as BT Assistant
(Maths) in the sixth respondent School in W.P(MD)No.8689 of 2025 with effect
from 27.02.2017 and disburse grant in aid towards the salary of the petitioner
within a period of four weeks from the date of receipt of a copy of this order.
No Costs.
Consequently, connected miscellaneous petitions are closed.
24.04.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
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W.P.(MD)Nos.8689 and 10118 of 2025
To:
1.The Secretary,
Department of School Education,
Fort St. George,
Chennai.
2.The Director of School Education,
College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Madurai District.
4.The District Educational Officer,
Usilampatti,
Madurai District.
5.The Administrator,
Tamil Evangelical Lutheran Church (TELC),
P.B.No.86, Tranquebar House,
Trichy - 620 001.
6.The Correspondent/Advocate Administrator,
TELC Girls Higher Secondary School,
Usilampatti,
Madurai District - 625 532.
1.The Secretary,
Department of School Education,
Fort St. George,
Chennai.
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W.P.(MD)Nos.8689 and 10118 of 2025
2.The Director of School Education,
College Road,
Chennai - 600 006.
3.The Chief Educational Officer,
Madurai District.
4.The District Educational Officer,
(Secondary)
Madurai District.
5.The Administrator,
Tamil Evangelical Lutheran Church (TELC),
P.B.No.86, Tranquebar House,
Trichy - 620 001.
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W.P.(MD)Nos.8689 and 10118 of 2025
BATTU DEVANAND, J.
Sn
W.P.(MD)Nos.8689 and 10118 of 2025
24.04.2025
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