Madras High Court

The Director Of School Education vs E.Sujatha on 1 April, 2025

Author: R.Subramanian

Bench: R.Subramanian

                                                                                            W.A.No.2862 of 2024


                                   THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 01.04.2025

                                                          CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    AND
                                  THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

                                               W.A.No.2862 of 2024
                                                       and
                                              C.M.P.No.21084 of 2024

                     1.The Director of School Education,
                       DPI Buildings, College Road,
                       Chennai - 6.

                     2.The Chief Educational Officer,
                       Thirupattur.

                     3.The District Educational Officer,
                       Thirupattur.                              ...                  Appellants

                                                            versus

                     1.E.Sujatha,
                       Record Clerk,
                       Hindu Higher Secondary School,
                       Karumbur Village and Post,
                       Thuthipet - 635 811.

                     2.Hindu Higher Secondary School,
                       Rep. by its Secretary,
                       Karumbur Village and Post,
                       Thuthipet - 635 811.                      ...                  Respondents

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
                     the order passed in W.P.No.22177 of 2023 dated 31.01.2024.

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                                                                                             W.A.No.2862 of 2024




                                  For Appellants     :         Mr.U.M.Ravichandran
                                                               Special Government Pleader

                                  For Respondents :            Mr.S.N.Ravichandran - R1
                                                               Mr.B.Gopalakrishnan - R2

                                                           JUDGMENT

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

Aggrieved by the order in W.P.No.22177 of 2023 dated 31.01.2024,

the State is on appeal.

2. The writ court had while quashing the order dated 30.06.2023

impugned in the writ petition rejecting the approval of the appointment of

the first respondent as a Record Clerk in the second respondent School, had

directed the Government to approve the appointment.

3. The main contention of the appellants was that on the date

when the approval was taken up, the student strength in the school was

below the required limit and therefore, the approval was rejected. The writ

court found that the first respondent was appointed in a vacancy to the

sanctioned post that arose in the year 2018-2019 merely because the

approval was taken up a little later, the appellants cannot reject the approval.

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4. Once it is found that the school had enough students at the time

when the appointment was made, rejection of approval on the ground that

the student strength has gone down in the subsequent years cannot be

justified.

5. Hence, we do not find any merit in the Writ Appeal. The Writ

Appeal therefore fails and it is accordingly dismissed. The appellants will

disburse the salary due to the first respondent within a period of eight (8)

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

Consequently, the connected Miscellaneous Petition is closed.

                                                                                  (R.S.M., J.)     (G.A.M., J.)
                                                                                            01.04.2025
                     Speaking order
                     Index                   : No
                     Neutral Citation        : No

                     sri

                     To

1.The Director of School Education, DPI Buildings, College Road, Chennai - 6.

2.The Chief Educational Officer, Thirupattur.

3.The District Educational Officer,

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Thirupattur.

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R.SUBRAMANIAN, J.

and G.ARUL MURUGAN, J.

sri

and

01.04.2025

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