Madras High Court
The Secretary To Government vs /4 on 9 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873, 874, 875, 952,
953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020 (21 cases)
and
C.M.P(MD)Nos.4487, 4488, 6107, 6108, 6313, 6315, 6317, 6621, 6622, 7740,
7741, 7742, 8608, 8611, 8601, 8602, 8616, 8617, 9650 & 9943 of 2019
and 1907 of 2020
1.W.A(MD)No.532 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound, Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
1.Lovisal Roselin ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Cathedral Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 31.01.2019 made in W.P(MD)No.1469 of 2019 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
2.W.A(MD)No.533 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
2/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.V.Selvi ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Cathedral Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 31.01.2019 made in W.P(MD)No.1470 of 2019 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
3.W.A(MD)No.692 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound, Chennai.
3/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tenkasi Educational District,
Tenkasi, Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.J.Merlin Synthiya ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Barenbuck Higher Secondary School,
Bangalow Surandai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.12580 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
4.W.A(MD)No.693 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
4/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tenkasi Educational District,
Tenkasi, Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.D.Peter Sahayam ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Barenbuck Higher Secondary School,
Bangalow Surandai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.12581 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
5/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
5.W.A(MD)No.707 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.D.Gnanamuthu Selwin ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Schaffter Higher Secondary School,
Tirunelveli,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.13115 of 2018 on the file of this
Court.
6/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
6.W.A(MD)No.715 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.R.Raja Kumari ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Schaffter Higher Secondary School,
Tirunelveli,
Tirunelveli District. ... 2nd Respondent/5th Respondent
7/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.13116 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
7.W.A(MD)No.716 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.V.Bharavi Pandian ... 1st Respondent/Writ Petitioner
8/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
2.The Correspondent,
Schaffter Higher Secondary School,
Tirunelveli,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.13117 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
8.W.A(MD)No.751 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District, Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
9/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
vs.
1.K.Suganthy ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Mary Sargent Girls Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 31.01.2019 made in W.P(MD)No.19415 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
9.W.A(MD)No.752 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
10/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.R.Mahendran ... 1st Respondent/Writ Petitioner
2.The Correspondent,
St.Peter's Higher Secondary School,
Ukkirankottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 31.01.2019 made in W.P(MD)No.15299 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.R.J.Karthick
10.W.A(MD)No.873 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort, Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
11/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.A.Joseph ... 1st Respondent/Writ Petitioner
2.The Correspondent,
John's Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.150 of 2019 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
11.W.A(MD)No.874 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort, Chennai.
12/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.C.Sam Pradeep ... 1st Respondent/Writ Petitioner
2.The Correspondent,
John's Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.151 of 2019 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
13/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
12.W.A(MD)No.875 of 2019:-
1.The Secretary to Government,
Department of School Education,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli. ... Appellants/Respondents 1 to 4
vs.
1.G.Joseph Gnanakan ... 1st Respondent/Writ Petitioner
2.The Correspondent,
John's Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... 2nd Respondent/5th Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.01.2019 made in W.P(MD)No.152 of 2019 on the file of this
Court.
14/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Mr.S.Chellapandian
For R – 2 : Mr.S.Kumar
13.W.A(MD)No.952 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education (Vocational),
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
5.The District Educational Officer,
Thuckalay, Kanyakumari District. ... Appellants/Respondents
vs.
The Correspondent,
Christucoil L.M.S Higher Secondary School,
Palliyadi,
Kanyakumari District – 629 169. ... Respondent/Writ Petitioner
15/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 07.03.2019 made in W.P(MD)No.16387 of 2015 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
14.W.A(MD)No.953 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education (Vocational),
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
5.The District Educational Officer,
Kumbakonam,
Thanjavur District. ... Appellants/Respondents
16/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
vs.
The Correspondent,
Little Flower Higher Secondary School,
Kumbakonam – 612 001,
Thanjavur District. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 21.03.2019 made in W.P(MD)No.16392 of 2017 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
15.W.A(MD)No.954 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education (Vocational),
College Road,
Chennai – 600 006.
17/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
4.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
5.The District Educational Officer,
Kumbakonam,
Thanjavur District. ... Appellants/Respondents
vs.
The Correspondent,
Little Flower Higher Secondary School,
Kumbakonam – 612 001,
Thanjavur District. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 21.03.2019 made in W.P(MD)No.16393 of 2017 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
16.W.A(MD)No.955 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
18/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education (Vocational),
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
5.The District Educational Officer,
Thuckalay,
Kanyakumari District. ... Appellants/Respondents
vs.
The Manager/Correspondent,
V.K.P. Higher Secondary School,
Colachel,
Kanyakumari District. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 07.03.2019 made in W.P(MD)No.16386 of 2015 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
19/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
17.W.A(MD)No.959 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director (Vocational),
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
5.The District Educational Officer,
Thiruvilliputhur,
Virudhunagar District. ... Appellants/Respondents
vs.
The Correspondent,
C.M.S Higher Secondary School,
Srivilliputhur – 626 125,
Virudhunagar District. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.04.2019 made in W.P(MD)No.7656 of 2017 on the file of this
Court.
20/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
18.W.A(MD)No.960 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai – 600 006.
3.The Joint Director (Vocational),
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Virudhunagar,
Virudhunagar District.
5.The District Educational Officer,
Thiruvilliputhur,
Virudhunagar District. ... Appellants/Respondents
vs.
The Correspondent,
C.M.S Higher Secondary School,
Srivilliputhur – 626 125,
Virudhunagar District. ... Respondent/Writ Petitioner
21/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.04.2019 made in W.P(MD)No.7657 of 2017 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
19.W.A(MD)No.1054 of 2019:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
5.The District Educational Officer,
Kanyakumari,
Kanyakumari District. ... Appellants/Respondents
vs.
22/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
The Correspondent,
St. Joseph's Malankara Syrian Catholic
Higher Secondary School,
Chellamkonam,
Kappiyarai Post,
Kanyakumari District – 625 156. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.04.2019 made in W.P(MD)No.7480 of 2015 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
20.W.A(MD)No.1111 of 2019:-
1.The Government of Tamil Nadu,
Represented by its Secretary,
School Education Department,
Fort St. George, Chennai – 09.
2.The Director of School Education,
College Road,
Chennai – 06.
3.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
23/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
4.The District Educational Officer,
Nagercoil,
Kanyakumari District. ... Appellants/Respondents 1 to 4
vs.
1.E.Jeyanthi (died) ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Ringle Taube Higher Secondary school,
Mylaudy,
Nagercoil,
Kanyakumari District – 629 403.
3.The Corporate Manager,
C.S.I Schools,
Kanyakumari Diocese,
71-A, Dennis Street,
Kanyakumari District – 629 001. ... Respondents 2 & 3/
Respondents 5 & 6
4.T.William Solomon
5.Egbert Andrew Solomon
6.Edward Allan Solomon ... Respondents 4 to 6
(Respondents 4 to 6/Lrs of the deceased first respondent
are impleaded vide order dated 13.11.2024 made in
C.M.P(MD)No.16304 of 2024)
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 02.04.2019 made in W.P(MD)No.5864 of 2015 on the file of this
Court.
24/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
For Appellants : Mr.J.Ashok
Additional Government Pleader
For R – 1 : Died (steps taken)
For R – 2 : No appearance
For R – 3 : Mr.F.Deepak
For RR 4 to 6 : Mr.K.Guhan
21.W.A(MD)No.266 of 2020:-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Joint Director of School Education (Vocational),
College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
5.The District Educational Officer,
Tirunelveli,
Tirunelveli District. ... Appellants/Respondents
vs.
25/40
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
The Correspondent,
St. Zavier's Higher Secondary School,
Palayamkottai – 627 002,
Tirunelveli District. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.04.2019 made in W.P(MD)No.7659 of 2017 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Isaac Mohanlal
Senior Counsel
for Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
All the present intra-court appeals are relating to the appointment of
Vocational Instructors and they have been instituted challenging the writ orders.
The issues raised are common. Therefore, all the appeals are taken up together for
hearing and a common order is being passed.
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
2.The dispute concerns the appointment of Vocational Instructors,
more specifically, after the Government took a decision to abolish the post of
Vocational Instructors.
3.The learned Additional Government Pleader appearing for the
appellants/State would mainly contend that the post of Vocational Instructor was
abolished pursuant to the recommendations of a High Level Committee
constituted by the Government for revamping of Vocational Education Higher
Secondary Schools in the Sate of Tamil Nadu. The recommendations of the High
Level Committee were accepted by the Government and G.O.Ms.No.9, School
Education (VE) Department, dated 06.01.2009 was issued. Accordingly, no new
Vocational courses should be started from the academic year 2007-2008 and no
new Vocational Instructor should be appointed either by the School Management
or Parents Teachers Association. Henceforth, a new Vocational course can be
opened only with the permission of the Government.
4.Relying on the above policy decision of the Government, the
learned Additional Government Pleader would submit that some Schools have
appointed Vocational Instructors after the issuance of G.O.Ms.No.9, School
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
Education (VE) Department, dated 06.01.2009 and those appointments cannot be
approved by the competent authorities of the Education Department. Even in
respect of other Vocational Instructors already in service, such benefits cannot be
granted since the Government took a policy decision.
5.The Division Bench of this Court considered the case of Vocational
Instructors in W.A(MD)No.1494 of 2017 [The Secretary, the State of Tamil
Nadu, Department of School Education and others Vs. The
Secretary/Correspondent, Setupatti Higher Secondary School] and a direction
was issued to approve the appointment of these Vocational Instructors vide
Judgment dated 01.03.2018. Aggrieved by the said order, the State preferred a
Special Leave Petition and leave was granted. The Apex Court passed final orders
in Civil Appeal No.12310 of 2024, dated 12th November, 2024. Paragraphs 4 and
5 of the order read as under:
“4.We are of the view that the judgment cannot be
sustained in the eye of law, as admittedly, the institutions are receiving
aid. Thus, they are bound by the Government orders which require prior
approval. The permission for the earlier incumbent vocational instructor
was granted as a one off case by taking a sympathetic view so as to
facilitate the earlier incumbents to complete their tenure,
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
notwithstanding, the fact that the said posts have not been sanctioned.
Unfortunately, the present incumbents also have been appointed by a
backdoor entry and they are at the verge of completion of tenure. Thus,
considering the factual scenario, though we are inclined to set aside the
impugned judgment, on the principle of law, we are not inclined to
disturb the appointments made.
5. Accordingly, as a principle of law, the judgment
rendered by the High Court cannot be relied upon in future as a
precedent. On the facts and circumstances of the case, the appointments
made in favour of the private respondent shall continue and, therefore,
they are entitled to continue with aid. It is made clear that the arrears
will have to be paid within a period of twelve weeks from today. We
further make it clear that if the same orders are continued by all the
institutions, then the Court shall take into consideration the consequence
to be met by those institutions as against making the government to pay,
as it is at their instance, the entire scenario has emerged.”
6.Relying on the orders of the Hon'ble Supreme Court, the learned
Additional Government Pleader would submit that hereinafter no relief needs to
be granted in respect of Vocational Instructors by the High Court. Therefore, all
these Writ Appeals are to be allowed.
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
7.Mr.Isaac Mohanlal, learned Senior Counsel appearing on behalf of
some of the School/Vocational Instructors would oppose by stating that there is
no complete prohibition for appointment of Vocational Instructors. Even in
G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 clause (v)
indicates that “the existing Vocational courses should change into unilocal
courses over a period of five years giving more time to vocational subjects and
for practicals. Practicals should be conducted either in the industries or in the ITIs
or in the approved community Colleges Language syllabus should be reduced and
converted into a soft skills curriculum”.
8.Despite the fact that the Government took a policy decision in
G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009
subsequently, after a lapse of about nine years, the Government issued
G.O.Ms.No.142, School Education (SE7-1) Department, dated 13.07.2018.
Clause (vii) in G.O.Ms.No.142, School Education Department, dated 13.07.2018
reiterates that “the vocational stream at XI & XII level shall continue to exist in
the same manner without any disturbance/change. It will be further enriched to
make students employable.”
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
9.Relying on the said Government Order, the learned Senior Counsel
would submit that the course was revived even after its abolition and therefore,
the appointment of Vocational Teachers should be approved by the competent
authorities.
10.Mr.S.Chellapandian, learned counsel appearing for the Vocational
Instructors would solicit the attention of this Court to the Division Bench
Judgment of this Court in W.A.No.3057 of 2024, dated 09.05.2025 [The
Secretary to Government, the Government of Tamil Nadu and others Vs.
G.Aravind Raj and another]. However, the issue raised in the said Writ Appeal is
not directly connected with the present Writ Appeals which concern the approval
of appointment of Vocational Instructors made by the Private aided Schools. It is
further contended that since the Vocational courses continue to exist, the teachers
appointed after 2009 are also entitled to approval of their appointments. Thus, the
learned Single Judge has rightly considered the issues and the Writ Appeals are to
be rejected.
11.This Court has considered the rival submissions made between
the parties to the lis on hand.
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
12.It is not in dispute that a High Level Committee was constituted
by the Government to look into the functioning of Vocational courses in
Secondary Education Schools across the State of Tamil Nadu. The High Level
Committee submitted a report which was accepted by the Government and
G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 was issued.
In the said G.O, the Government took a policy decision that no new Vocational
courses should be started from the academic year 2007-2008 and no new
Vocational Instructors should be appointed either by the School Management or
Parents Teachers Association. Henceforth a new Vocational course can be opened
only with the permission of the Government. Therefore, the said policy remains
intact. Pertinently, the said G.O has not been withdrawn or cancelled by the
Government, nor any reference has been made by the Government in G.O.Ms.
142, School Education (SE7-1) Department, dated 13.07.2018.
13.A perusal of G.O.Ms.142, School Education (SE7-1) Department,
dated 13.07.2018 reveals that the Government introduced Vocational Education at
the Secondary level in 67 Schools as a pilot project from the year 2018-2019.
Therefore, a pilot project has been introduced in 67 Schools exclusively from the
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
academic year 2018-2019 in G.O.Ms.142, School Education (SE7-1) Department,
dated 13.07.2018. This is not directly connected with G.O.Ms.No.9, School
Education (VE) Department, dated 06.01.2009 nor G.O.Ms.No.9, School
Education (VE) Department, dated 06.01.2009 has been cancelled or withdrawn
by the Government. Admittedly, G.O.Ms.No.9, School Education (VE)
Department, dated 06.01.2009 remains unchallenged and in force. Thus, the
Schools cannot start new Vocational courses nor they can make new appointment
to the non-existing post of Vocational Instructors. If at all any School is willing to
start a Vocational course, it must be done with the permission of the Government.
Therefore, there is no total prohibition of Vocational Course in the State of Tamil
Nadu. Course can be started only with the permission of the Government and if
such permission is granted by the competent authorities of the Education
Department, then alone qualified teachers can be appointed.
14.Therefore, the contention of the respondents that G.O.Ms.142,
School Education (SE7-1) Department, dated 13.07.2018 is to be taken into
consideration deserves no merit consideration. G.O.Ms.No.9, School Education
(VE) Department, dated 06.01.2009 stands independently and the Government
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
also reiterates that no new Vocational Courses should be be started from the
academic year 2007-2008 and no new Vocational Instructors should be appointed
either by the School Management or Parents Teachers Association. However, new
Vocational courses can be opened only with the permission of the Government.
15.This Court is of the considered view that any change in the policy
decision by the Government regarding Vocational courses should not affect the
service conditions of the existing Vocational Teachers, who were appointed prior
to the issuance of G.O.Ms.No.9, School Education (VE) Department, dated
06.01.2009. Service conditions cannot be altered to the disadvantage of
employees who are all already in service. This being the basic principles of
service jurisprudence, the Government policy in G.O.Ms.No.9, School Education
(VE) Department, dated 06.01.2009 will have a prospective effect and cannot be
implemented retrospectively so as to affect the services of existing Vocational
Instructors. Therefore, the services of the Vocational Instructors appointed prior
to the issuance of G.O.Ms.No.9, School Education (VE) Department, dated
06.01.2009 and whose appointments have been approved by the Department are
protected. They are entitled to all the benefits as per the Service Rules. Regarding
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
pending proposals for approval of appointments, date of appointment, post
sanctioned, eligibility and other criteria as per Rules are to be taken into
consideration.
16.Asfar as the Vocational Teachers appointed after G.O.Ms.No.9,
School Education (VE) Department, dated 06.01.2009, their services are not
protected. In fact, these Vocational Teachers were appointed in the vacancies that
arose on account of the retirement, death or resignation of the Vocational
Instructors, who were in service. Thus, their appointments cannot be protected
since the post of Vocational Instructors came to be abolished from the date on
which G.O.Ms.No.9 was issued ie., on 06.01.2009. If any such appointments were
made, it must be with the prior permission of the Government. If such permission
was granted by the Education Department, then those cases can be protected.
However, all other appointments made to the post of Vocational Instructors after
issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009,
are not protected and the Government is not obligated to approve these
appointments and grant aid.
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
17.In respect of individual cases falling within the ambit of the
principles considered by this Court in the aforementioned paragraphs, those
individuals if they are otherwise eligible and falling within the eligible category,
then they are at liberty to approach the authorities. In all other cases where
appointments are made to the Vocational Instructors post after issuance of
G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009, approval of
appointments cannot be claimed as a matter of right.
18.It is made clear that if those Vocational Instructors appointed
prior to G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 are
qualified, appointed in the sanctioned post and eligible as per Rules, their
proposals are to be considered in accordance with Act and Rules.
19.In fine, the writ orders impugned are set aside and the Writ
Appeals stand allowed. There shall be no as to costs. Consequently, connected
Miscellaneous Petitions are closed.
[S.M.S.,J.] & [A.D.M.C.,J.]
09.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
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W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
To
1.The Department of School Education,
Represented by the Secretary to Government,
St. George Fort,
Chennai.
2.The Director of School Education,
School Education Department,
DPI Compound, Chennai.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
Tirunelveli Educational District,
Tirunelveli.
5.The District Educational Officer,
Tenkasi Educational District,
Tenkasi, Tirunelveli.
6.The Secretary,
Represented by the State of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 03:29:40 pm )
W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
7.The Director of School Education,
College Road,
Chennai – 600 006.
8.The Joint Director of School Education (Vocational),
College Road,
Chennai – 600 006.
9.The Chief Educational Office,
Nagercoil,
Kanyakumari District.
10.The District Educational Officer,
Thuckalay,
Kanyakumari District.
11.The District Educational Officer,
Kumbakonam,
Thanjavur District.
Chennai – 600 006.
12.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
13.The District Educational Officer,
Thiruvilliputhur,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 03:29:40 pm )
W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
14.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
15.The District Educational Officer,
Nagercoil,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 03:29:40 pm )
W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,
874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020
S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
ps
ORDER MADE IN
W.A(MD)Nos.532, 533, 692, 693, 707,
715, 716, 751, 752, 873, 874, 875,
952, 953, 954, 955, 959, 960,
1054, & 1111 of 2019 and 266 of 2020
DATED : 09.06.2025
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