Madras High Court
The State Of Tamil Nadu vs The Correspondent on 20 March, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.2113 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.2113 of 2024
and
CMP(MD)No.14970 of 2024
1. The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St.George, Chennai - 600 009.
2. The Director of School Education,
College Road, Chennai - 600 009.
3. The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
4. The District Educational Officer,
Ramanathapuram,
Ramanathapuram District. ... Appellants
vs.
The Correspondent
St. Arulanandar Higher Secondary School,
Oriyur,
Ramanathapuram District. ... Respondent
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1/6
W.A(MD)No.2113 of 2024
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 02.01.2024 made in W.P(MD)No.31292 of
2023.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.K.Ragatheesh Kumar for
M/s.Isaac Chambers
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
This writ appeal is filed against the order dated 02.01.2024
made in W.P(MD)No.31292 of 2023.
2. The writ petitioner / respondent school namely, St.
Arulanandar Higher Secondary School, Oriyur, Ramanathapuram
District, is a recognised and aided minority educational institution
administered by the Society of Arulanandar, Oriyur. In the said school,
one post of B.T. Assistant (Tamil) fell vacant on 01.06.2022 due to the
superannuation of the then incumbent. In the said vacancy, the school
appointed a fully qualified candidate namely, Mr.A.Arul Amalanthan,
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B.T.Assistant (Tamil) with effect from 01.06.2022. However, the 4th
appellant / D.E.O refused to approve the said appointment vide
proceedings, dated 17.07.2023, citing G.O.Ms.No.165, School Education
Department, dated 17.09.2019, wherein, it was instructed that until the
surplus teachers working in minority and non-minority private aided
schools were deployed to the needy schools, no new appointment
should be made in any school and that no approval should be granted
thereof. Challenging the said rejection order, the school filed the writ
petition. The Writ Court relying upon the order passed by the Division
Bench in W.A(MD)No.76 of 2019 etc., batch dated 31.03.2021 [Secretary
to Government, Government of Tamil Nadu, School Education
Department vs. Iruthaya Amali] and another order dated 14.03.2023 in
W.P(MD)No.26738 of 2023, allowed the writ petition directing approval
of the abovesaid appointment.
3. Assailing the impugned order, though the appellants raised
various grounds, as rightly held by the Writ Court, the issue raised in
this appeal is no longer res integra, in view of the decision of this Court
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in Iruthaya Amali's case (supra), wherein, the Division Bench has issued
a compendium of schedule to be followed and Clause (v) therein is
extracted hereunder:
''(v) Like that insofar as aided minority institutions are
concerned,if it is a stand alone institution, their right of appointing a
teacher in a vacancy within the sanctioned strength for the academic
year 2021-22 shall not be affected because of the identified excess
teachers in other schools. ...''
4. Admittedly, the respondent school is a stand-alone minority
institution. Therefore, the question of surplus will not arise, unless it is
shown that there are surplus teachers in the very institution. It is
admitted that there are no surplus teachers in the respondent school on
the date of appointment of the abovesaid teacher.
5. Hence, the Writ Appeal is dismissed. The appellants shall
approve the appointment of Mr.A.Arul Amalanthan, B.T.Assistant
(Tamil) with effect from 01.06.2022, within a period of twelve weeks
from the date of receipt of a copy of this order and also pay all the salary
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and other benefits payable to him within the said period. No costs.
Consequently, connected miscellaneous petition is closed.
[J.N.B, J.] [S.S.Y, J.]
20.03.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St.George, Chennai - 600 009.
2. The Director of School Education,
College Road, Chennai - 600 009.
3. The Chief Educational Officer,
Ramanathapuram,
Ramanathapuram District.
4. The District Educational Officer,
Ramanathapuram,
Ramanathapuram District.
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 20.03.2025
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