Madras High Court
The Government Of Tamil Nadu vs Melapallivasal Girls Higher Secondary ... on 27 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.(MD)No.1157 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD)No.1157 of 2020
and
C.M.P.(MD)No.6327 of 2020
1. The Government of Tamil Nadu,
Represented by its Secretary to the Government,
Education Department,
Secretariat,
Fort St.George,
Chennai – 9.
2. The Director of School Education,
Chennai – 6.
3. The Chief Educational Officer,
Sivagangai,
Sivagangai District.
4. The District Educational Officer,
Sivagangai,
Sivagangai District. ... Appellants
-vs-
Melapallivasal Girls Higher Secondary School,
Represented by its Correspondent,
Illayangudi – 630 702,
Sivagangai District. ... Respondent
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 12:59:53 pm )
Page 1 of 6
W.A.(MD)No.1157 of 2020
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
Court to set aside the order of this Court made in W.P(MD)No.1195 of 2020,
dated 22.01.2020.
For Appellants : Mr.V.Om prakash
Government Advocate
For Respondent : Mr.R.Devaraj
JUDGMENT
(Judgment of the Court was made by Dr.G.JAYACHANDRAN, J.)
The respondent institute is a standalone single management school run
by the minorities. The appointment of one A.Lukmath Nisha in the sanctioned
post of graduate teacher B.T. Assistant (History) from 07.08.2019 not approved
by 4th respondent and hence W.P.(MD)No.1195 of 2020 filed, seeking writ of
certiorarified mandamus calling upon the impugned proceedings of the 4th
respondent dated 31.10.2019 in O.M.No.2772/A2/2019 and quash the same and
consequently to approve the appointment.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 12:59:53 pm )
2. The learned Single Judge considering the order passed by this Court in
Jaihind Primary School, M.Karisalkulam, Sivagangai District rep. by its
Secretary Mr.P.S.Senthil vs. The Chief Educational Officer, Sivagangai
District and others, allowed the writ petition with the following directions:-
“9. Following the same, this Court is inclined to pass the following
order:-
The impugned order of the 4th respondent dated
31.10.2019 is set aside. The petitioner school is
directed to resubmit the proposal to the 3rd respondent
through the 4th respondent within a period of two weeks
from the date of receipt of a copy of this order. On
receipt of such proposal, the 3rd respondent is directed
to approve the appointment of Mrs.A.Lukmath Nisha as
graduate teacher in history in the petitioner school
within a period of eight weeks thereafter, if she is
otherwise eligible.”
3. Being aggrieved, the State has preferred an intra-Court appeal has
taken up for consideration today.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 12:59:53 pm )
4. The learned Government Advocate appearing for the appellants
submitted that the 4th respondent declined to approve the appointment of
A.Lukmath Nisha in the light of proceedings in O.M.No.2772/A2/2019 dated
31.10.2019, which was issued pursuant to the order passed by the Hon'ble
Division Bench of this Court in W.A(MD).No.76 of 2019. However, after filing
of this writ appeal, the Hon'ble Division Bench of this Court while considering
the similar issues has held that whenever a school is considered as a single unit
and no surplus teachers are identified and the institute is run by minority then
approval is to be granted to those teachers who were appointed by following the
procedures as contemplated under the Act and Rules in force.
5. The learned Government appearing for the respondents fairly
submitted that the grounds raised in the appeal no more survives in view of the
order of the Hon'ble Division Bench as well as G.O.Ms.No.146 dated
28.06.2024, reiterating that the single management school run by minority can
fill the approved vacancy if there is no surplus. In view of the subsequent
development as pointed out by the learned Government Advocate appearing for
the appellants, the writ appeal is disposed of as nothing survives in the writ
petition.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 12:59:53 pm )
6. Since the time prescribed by the learned Single Judge to consider the
representation for approval has expired, this Court grants eight (8) weeks time
for the 4th respondent to consider the proposal of the appointment of
A.Lukmath Nisha in the sanctioned post of graduate teacher B.T. Assistant
(History).
7. With the above said observations and directions, writ appeal is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
[G.J., J.] [R.P., J.]
27.02.2025
NCC :yes/No
Index :yes/No
Internet:yes/No
rgm
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 12:59:53 pm )
DR.G.JAYACHANDRAN, J.
and
R.POORNIMA, J.
rgm
To
Melapallivasal Girls Higher Secondary School,
Represented by its Correspondent,
Illayangudi – 630 702,
Sivagangai District.
and
27.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 12:59:53 pm )
