Madras High Court
S.Sundari vs The Principal Secretary To Government on 26 March, 2025
WP(MD)No.25142 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
WP(MD)No.25142 of 2019
S.Sundari .. Petitioner
Vs.
1.The Principal Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai – 600 006.
3. The Joint Director of School,
Education (VOC), College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
O/o.Chief Educational Office,
Thanjavur District. .. Respondents
For Petitioner: Mr.R.Saravanan
For Respondents: Mr.G.V.Vairam Santhosh
Additional Government Pleader
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WP(MD)No.25142 of 2019
ORDER
The writ petition has been filed directing the respondents to
consider the representation submitted by the writ petitioner dated
25.10.2019 based on GO(Ms).No.35 School Education Department dated
09.02.2007.
2. The case of the writ petitioner is that she was appointed as
Vocational Instructor (Computer Science) on 14.06.1996, in the
Government Girls Higher Secondary School, Pattukottai, against the
vacancy arose due to the resignation of K.Sivanantham on 03.02.1996.
At the time of the appointment no prescribed qualification for the
Government Vocational Instructor (Computer Science), only in the
GO(Ms).No.7 School Education Department dated 04.01.2000,
prescribed qualification is fixed for the post of Vocational Instructor
(Computer Science). Therefore, she is fully qualified Vocational
Instructor (Computer Science) in the regular time scale. The Government
has also issued GO(Ms).No.74 School Education Department dated
10.06.2002 to regularize 235+126 part time Vocational Instructors with
effect from 20.09.1996, prescribing the cut off date as 20.06.1996. She
was also one among the beneficiaries of the aforesaid Government Order.
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2(i). In view of her appointment, prior to cut off date that is
14.06.1996, the Government had issued GO(Ms).No.35 dated 09.02.2007
permitting the Director of School Education to fill up the existing 201
Vocational Instructors post including 44 part time Vocational Instructors
appointed prior to 20.09.1996 and subsequently qualified in the time
scale. She sent a representation to the respondent on 25.10.2019 to
consider the case but all efforts made went in vein. Hence this writ
petition.
3. The learned counsel appearing for the petitioner would submit
that as per the GO(Ms).No.7 School Education Department dated
04.01.2000 alone prescribed the requisite qualification for the post of
Vocational Instructors (Computer Science). The petitioner has fully
qualified to be appointed as Vocational Instructor in regular time scale of
pay. He would further submit that as per the GO(Ms).No.991, Education
dated 17.06.1991, the petitioner is entitled for regularization of her post.
4. Per-contra, the learned Additional Government Pleader
appearing for respondents No.1 to 4 submits that the petitioner was
relieved from service on 12.12.2012 and one R.Kayalvizhi was appointed
as a permanent teacher in second respondent school within and upon the
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orders of this Court, the Hon'ble Court in WP.No. 3285 of 2011 dated
12.12.2012. He would submit that the petitioner was appointed as a local
arrangement and his request for permanent appointment cannot be
considered.
5. The learned counsel appearing for the petitioner has relied upon
the judgment of the Hon'ble Division Bench of this Court in WA.No.
1463 of 2016 dated 30.10.2017 to show that the Government has passed
GO(Ms).No.358, School Education Department dated 18.08.1997 and
the Government has directed to impart a short time training for those who
do not posess the requisite qualification and thereafter regularized. He
would submit that only in the GO(Ms).No.7 School Education
Department dated 04.01.2000 alone prescribed the qualification for the
post of Vocational Instructor of Computer Science as this petitioner was
fully qualified as Vocational Instructor in regular time scale. Further as
per GO(Ms).No.35 School Education Department dated 09.02.2007, the
Vocational Instructors who were appointed prior to 20.09.1996 and
obtained full qualification also will be purviewed under the regular
appointment.
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6. This Court has considered the submissions made on either side
and perused the available records. Considering the limited prayer sought
for in this writ petition, without going into the merits of this case, this
Court is inclined to issue a direction to the third respondent to consider
the representation submitted by the writ petitioner dated 25.10.2019 on
merits and in accordance with law, if there is no legal impediment, within
a period of twelve weeks from the date of receipt of copy of this order, it
is made clear that this Court has not gone into the merits of the case.
7. In the result, this writ petition stands disposed off. There shall
be no order as to costs.
26.03.2025
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
nst
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To
1.The Principal Secretary to Government,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai – 600 006.
3. The Joint Director of School,
Education (VOC), College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
O/o.Chief Educational Office,
Thanjavur District.
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M.JOTHIRAMAN, J.
nst
Dated: 26.03.2025
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