Madras High Court
The State Of Tamil Nadu vs /9 on 17 March, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.297 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.297 of 2023
and
C.M.P(MD)No.3385 of 2023
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road, Chennai – 600 006.
3.The Joint Director of Elementary Education,
College Road, Chennai – 600 006.
4.The District Elementary Educational Officer,
Tuticorin at Pudhukottai,
Tuticorin District.
5.The Assistant Elementary Educational Officer,
Tuticorin (Urban),
Tuticorin District. ... Appellants/Respondents
vs.
1/9
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W.A(MD)No.297 of 2023
The Manager & Correspondent,
Carpenter Street Middle School,
Gopalasamy Street,
Tuticorin – 628 001. ... Respondent/Writ Petitioner
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 29.08.2022 made in W.P(MD)No.5351 of 2018 on the file of this
Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.Ragadeesh Kumar
for M/s.Isaac Chambers
JUDGMENT
(Judgment of the Court was delivered by J. NISHA BANU, J.)
The present Writ Appeal is directed against the order passed by the
Writ Court dated 29.08.2022 made in W.P(MD)No.5351 of 2018.
2.The respondent/writ petitioner has filed the Writ Petition
challenging the order passed by the fourth respondent, dated 25.07.2017, wherein
the fourth respondent denies the approval for the appointment of D.Arul Prakash
as B.T Assistant (History) for the period from 18.08.2010 to 19.06.2013 and
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further direct the fourth respondent to give approval to the said period with all
attendant benefits including service, salary and allowance.
3.The Writ Court, after considering all the materials available on
record, allowed the Writ Petition and directed the fourth appellant to pass
appropriate orders, approving the respondent/writ petitioner's appointment to the
post of B.T Assistant (History), for the period between 18.08.2010 and
19.06.2013, together with all service, monetary and other attendant benefits.
Challenging the same, the respondents as appellants have preferred the present
Writ Appeal.
4.Heard the learned counsel appearing on either side and perused the
materials available on record.
5.The respondent/writ petitioner is a Private Minority Aided
Educational Institution, which claims to have been established as a Primary
School in the year 1865 and later, upgraded as a Middle School in the year 1931.
In connection with certain issues with regard to approval of the Management, the
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school was brought under direct payment of the educational authorities. On
18.08.2010, the School Management had appointed one D.Arul Prakash as B.T.
Assistant (History) in a sanctioned vacancy, with effect from 18.08.2010 and
accordingly, had submitted a proposal to the second appellant seeking for
approval of his appointment.
6.Pending consideration of the proposal, the Government, in
G.O.Ms.No.96, School Education (NI.VA.2) Department, dated 20.06.2013, had
granted minority status to the school management, for a limited period of 5 years.
The challenge to limiting the minority status, was allowed by this Court through
its order dated 04.02.2015, in W.P.(MD)No.9453 of 2014, whereby the
Government Order, restricting the minority status to five years, was set aside. The
department's intra-court appeal against the order of the writ Court, came to be
dismissed by the Hon'ble Division Bench in W.A.No.38 of 2018, on 05.01.2018.
7.In this background, the appellants have rejected the writ
petitioner's proposal for approval of the appointment of D.Arul Prakash,
predominantly on the ground that the minority status of the school was declared
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only on 20.06.2013 through G.O.Ms.No.96, School Education (NI.VA.2)
Department, dated 20.06.2013 and therefore, approved the appointment of D.Arul
Prakash, with effect from 20.06.2013. The writ petitioner claims for approval of
the appointment of D.Arul Prakash from the date of his appointment (i.e.,) from
18.08.2010 to 19.06.2013.
8.It is not in dispute that the present Management had appointed
D.Arul Praskh as B.T.Assistant (History) with effect from 18.08.2010. At that
point of time, the school was under direct payment of the Government and hence,
the original proposal dated 18.10.2010 for approval of the appointment was
returned, on the ground of direct payment. The fourth appellant had approved the
transfer of Management in the writ petitioner's name with effect from 18.09.2006.
Consequently, a fresh proposal was submitted to the fourth appellant on
25.09.2013, seeking for approval of the appointment of D.Arul Prakash, which
was approved with effect from 18.08.2010, through the proceedings of the fourth
appellant dated 18.02.2014. However, the approval came to be cancelled on
19.05.2014, on the ground of discrepancy in the attendance register of the teacher.
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9.When the status of a minority institution has been declared, such
status would revert back to the date of its establishment, since the minority status
by itself is enshrined under Article 30 of the Constitution of India, which is not
only a constitutional right of the institution, but also a fundamental right. A mere
declaration of the existing right would not give rise to a cause of action to the
appellants to restrict the minority status from the date of such declaration.
Incidentally, the writ petitioner was constrained to approach the writ Court,
seeking for declaration of the minority status in view of the Government's
disinclination to declare such pre-existing status. Likewise, the writ petitioner
was further constrained to challenge the Government Order limiting such
minority status to five years and this litigation also was owing to the
Government's misinterpretation of this legal position. The consequent passing of
G.O.Ms.No.96, School Education (NI.VA.2) Department, dated 20.06.2013, will
not amount to a fresh declaration of the minority status of the writ petitioner's
school, but rather a ratification of the pre-existing right of the school. Thus, the
order, dated 20.06.2013, approving the appointment of D.Arul Prakash from the
date of G.O.Ms.No.96, School Education (NI.VA.2) Department, is not only
misconceived, but also illegal.
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10.On perusal of the records produced by the learned counsel
appearing for the respondent/writ petitioner would reveal that D.Arul Prakash has
been working from the year 2010, which has been counter-signed by the authority
concerned. Therefore, we are not inclined to interfere with the order passed by the
writ Court.
11.In view of the above, we do not find any illegality or irregularity
in the order passed by the Writ Court. Accordingly, this Writ Appeal is dismissed.
With a direction to the fourth appellant to pass appropriate orders, approving the
writ petitioner's appointment to the post of B.T Assistant (History) for the period
between 18.08.2010 and 19.06.2013 together with all service, monetary and
other attendant benefits, within a period of four weeks from the date of receipt of
a copy of this order. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
[J.N.B.,J.] & [S.S.Y.,J.]
17.03.2025
NCC : Yes / No
Index : Yes / No
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Internet : Yes
ps
To
1.The Secretary,
Represented by the State of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road, Chennai – 600 006.
3.The Joint Director of Elementary Education,
College Road, Chennai – 600 006.
4.The District Elementary Educational Officer,
Tuticorin at Pudhukottai,
Tuticorin District.
5.The Assistant Elementary Educational Officer,
Tuticorin (Urban),
Tuticorin District.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 17.03.2025
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