Madras High Court
The Government Of Tamilnadu vs G.Aravind Raj on 9 May, 2025
Author: C.Saravanan
Bench: R.Suresh Kumar, C.Saravanan
2025:MHC:1213
W.A.No.3057 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 22.01.2025
Pronounced On 09.05.2025
Coram:
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
and
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.A.No.3057 of 2024
and
C.M.P.No.23130 of 2024
1.The Government of Tamilnadu,
Rep. by its Secretary to Government,
School Education Department,
Fort St.George, Chennai – 9.
2.The Joint Director,
(Higher Secondary Vocational),
College Road, Chennai – 6.
3.The Chief Educational Officer,
Tiruvannamalai District.
4.The District Educational Officer,
Tiruvannamalai District.
...Appellants
Versus
1.G.Aravind Raj
Page Nos.1/68
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
W.A.No.3057 of 2024
2.The Correspondent,
Danish Mission Higher Secondary School,
Tiruvannamalai District.
...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set
aside the order dated 21.03.2024 made in W.P.No.9971 of 2021 and allow
the Writ Appeal.
For Appellants : Mr.U.M.Ravi Chandran,
Special Government Pleader
For Respondent – 1 : Ms.Dakshayani Reddy,
Senior Counsel
for Mr.C.Mahendran
For Respondent – 2 : No Appearance
---
JUDGMENT
(Judgment of the Court was delivered by C.SARAVANAN, J.)
This Intra Court Appeal is directed against the Order dated 21.03.2024
passed by the Writ Court in W.P.No.9971 of 2021 (hereinafter referred to as
the 'Impugned Order').
FACTUAL BACKGROUND OF THE CASE:-
2. The 1st Respondent/Writ Petitioner had filed the above Writ
Petition praying for issuance of a writ of certiorarified mandamus to call for
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
the records pertaining to the impugned Order in Na.Ka.No.4178/E2/2018
dated 29.05.2020 on the file of 4th Appellant and quash the same and
consequently, direct the 1st to 4th Appellants to approve the petitioner's
appointment as Vocational Instructor at the 2nd respondent school with
effect from 01.09.2017 and pay him salary and other benefits.
3. By the Impugned Order, the Writ Court has allowed the above
Writ Petition. Operative portion of the Impugned Order dated 21.03.2024
reads as under:-
“7. In the impugned order, it has been stated that the post
sanctioned to the fifth respondent School is a part time post
which is factually incorrect. So the fourth respondent cannot
hold a file for the wrong reason that the post is a non-
sanctioned post. In the impugned order it has been further
stated that the post of Vocational Instructor has to be
surrendered to the Government once the incumbent retires,
dies or resigns. The above issue has been dealt in W.A.(MD)
No.1494 of 2017 dated 01.03.2018, in which it is held as
under :
“9. In the result, we dismiss the writ appeal for the
reasons stated above and issue the following
directions:
(i) The respondents 4 and 5 shall approve
the appointment of Thiru.R.Kannan, Vocational
Instructor, which appointment was made on
10.06.2013, as the post was very much available
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
in terms of staff fixation order dated 29.10.2013.
(ii) In so far the Academic year 2014-
2015 is concerned, the respondents 4 and 5 are
directed to take note of the factual aspects
which is admitted in the fixation order itself,
namely, students strength and sanction one post
with effect from the year 2014-2015 onwards in
the category Vocational Instructor and the
petitioner is entitled to be paid salary in the said
post.
10. The above direction should be complied with
within a period of 12 weeks from the date of
receipt of copy of this order. Accordingly, the
writ appeal fails and stands dismissed. No costs.
Consequently, C.M.P.(MD)No.11921 of 2017 is
also closed.”
8. Since the above position is no more res integra and the
position of law on this point has already been settled by the
above judgment of the Division Bench of this Court, the
fourth respondent is not expected to return the file for the
very same reason which was settled by the above referred
judicial pronouncement. Since the proposal is returned, the
same shall be resubmitted by the fifth respondent along with
the copy of the order of this Court in order to enable the
fourth respondent to do the needful for issuing the approval
order with effect from the date of appointment of the
petitioner.
9. In the result, this Writ Petition is allowed and the impugned
order in Na.Ka.No.4178/E2/2018 dated 29.05.2020 on the
file of the 4th respondent is quashed. The fifth respondent is
directed to resubmit the proposal to the fourth respondent
along with the copy of the order of this Court and on receipt
of the same, the fourth respondent is directed to do the
needful for issuing the approval order with effect from the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
date of appointment of the petitioner, within a period of six
weeks from the date of receipt of a copy of this order. No
costs. Consequently, connected miscellaneous petitions are
closed.”
4. A vacancy arose to the post of 'Vocational Instructor
(General Machinist)' due to superannuation of one Mr.K.Siva Prakasam on
31.05.2017, pursuant to which, the 1st Respondent/Writ Petitioner was
appointed to the post of ‘Vocational Instructor (General Machinist)’ by
the 2nd Respondent Minority School on 01.09.2017.
5. The 2nd Respondent Minority School therefore had sent a
proposal bearing Letter No.586/2017 dated 03.07.2018 to the 4th Appellant
for approving the appointment of 1st Respondent/Writ Petitioner as
‘Vocational Instructor (General Machinist)’ in its School.
6. However, the 4th Appellant vide Order dated 29.05.2020,
returned the said proposal by stating that the said proposal may be
resubmitted along with documents such as Government Orders or
Proceedings of Director of School Education regarding the subject matter, if
any.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
7. The reasons stated in the Order dated 29.05.2020 impugned in
W.P.No.9971 of 2021 are as follows:-
(i) The post of Vocational Teacher was a part-time post; that
no new Vocational courses Teacher can be started from the
Academic Year 2017-2018 and that no new Vocational Instructor
could be appointed without the permission of the Government in
view of the proceeding of the Director of School Education, Chennai
in proceedings bearing reference Rc.No.115506/W6-2012 dated
28.08.2003.
(ii) That post of Vocational Teacher was not school specific
but only to the teacher/staff appointed to the said post and if the
concerned staff retires or dies or moves to another post, the post is
deemed to have been surrendered/returned to the Department and
that no other person can be appointed to the said post without the
permission of the Government.
8. The 1st Respondent/Writ Petitioner thus filed W.P.No.9971 of
2021 before this Court, wherein, the 1st Respondent/Writ Petitioner
challenged the Order dated 29.05.2020 passed by the 4th Appellant. The
Writ Court vide Impugned Order allowed the Writ Petition in W.P.No.9971
of 2021 filed by the 1st Respondent/Writ Petitioner.
9. Therefore, the present Writ Appeal is filed by the Official
Respondents in W.P.No.9971 of 2021 challenging the decision of the Writ
Court vide Impugned Order dated 21.03.2024.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
SUBMISSIONS OF THE APPELLANTS:-
10. The learned Special Government Pleader for the Appellants
submitted that the Writ Court erred in allowing the Writ Petition filed by the
1st Respondent/Writ Petitioner. It is submitted that as per Staff Fixation
Report 2017-2018, the double part-time teacher post lapsed as soon as the
teacher who was working in the post attained the age of superannuation and
that the Government had not sanctioned the new post in the 2nd Respondent
School. He further submitted that several cases of similar nature are
pending before the Hon’ble Supreme Court and therefore, the Impugned
Order dated 21.03.2024 of the Writ Court is liable to be set aside.
11. That apart, the learned Special Government Pleader for the
Appellants submitted that the Division Bench of this Court has also granted
interim stay in various Writ Appeals under similar circumstances. Details
of the Interim Orders are tabulated hereunder:-
Sl.No. Writ Appeal No. Date of the Interim Order
1 1225/2023 21.06.2023
2 1448/2023 10.07.2023
3 1317/2023 28.06.2023
4 1242/2023 22.06.2023
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Sl.No. Writ Appeal No. Date of the Interim Order
5 1211/2023 21.06.2023
12. The Impugned Order of the Writ Court is primarily assailed on
the ground that reliance cannot be placed on the decision of the Division
Bench of this Court dated 01.03.2018 passed in W.A.(MD)No.1494 of
2017. It is submitted that the said decision does not squarely apply to the
facts of the present case. It is further stated that the Hon’ble Supreme Court
vide Order dated 08.02.2019 in SLP (C) Diary No.2969 of 2019 has stayed
the decision of the Division Bench of this Court in W.A.(MD)No.1494 of
2017.
13. The learned Special Government Pleader further submitted that
the Writ Court has failed to take note of G.O.Ms.No.991, Education
Department dated 16.07.1990, wherein, it has been clarified that the post of
'Vocational Instructor' cannot be filled after 16.07.1990 and if any post falls
vacant, such post will automatically cease to exist and the said post shall be
deemed to have been surrendered to the Government and that the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
'Vocational Instructor' post is only given to the Teacher/Staff appointed and
not to the school and that the said post is a 'Non Sanctioned Post' in an
institution.
14. It is submitted that during the Academic Year 2018-19, only 51
students were studying in the 'General Machinist' group at the 2nd
Respondent School and therefore, on this count also, the appointment made
cannot be approved. Moreover, as per the ‘Staff Fixation Report’ issued by
the Chief Educational Officer, Tiruvannamalai vide proceedings in
Na.Ka.No.8364/B6/2023 dated 17.10.2023 for the Academic Year 2023-
2024, it is stated that there were no students enrolled in the 2nd Respondent
School for the Vocational Course viz., General Machinist. Therefore, the
learned Special Government Pleader prayed that the impugned order of the
Writ Court allowing the Writ Petition was liable to be set aside.
15. In support of the above contentions, the Appellants relied on
the following cases:-
1. The State of Tamil Nadu & Ors Vs.
M.Theivanayagi., SLP (C) No.6162-6163 of 2022.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
2. The Government of Tamil Nadu, Rep by its
Secretary to Government School Education
Department Vs. P.Vivekandan, SLP (C)
No.016772-016773 of 2019.
3. The Government of Tamil Nadu, Rep by its
Secretary Vs. Secretary/Correspondent,
Sethupathi Higher Secondary School, SLP (C)
No. 4987 of 2019.
4. The Government of Tamil Nadu & Ors. Vs.
St.Aloysius Higher Secondary School, 2010 SCC
Online Mad 6148
5. Kolawana Gram Vikas Kendra Vs. State of
Gujarat & Ors. (2010) 1 SCC 133
6. The Government of Tamil Nadu Vs. The
Correspondent, St.Mary's Girls Higher
Secondary School, W.A.No.2301 of 2019.
SUBMISSIONS ON BEHALF OF THE 1ST RESPONDENT/WRIT
PETITIONER:-
16. Defending the Impugned Order, learned Senior Counsel for the
1st Respondent/Writ Petitioner submitted that after considering the facts of
the case, the Writ Court has passed a well-reasoned order and hence, the
Impugned Order of the Writ Court does not merit any interference.
Therefore, the learned Senior Counsel submitted that the present Writ
Appeal is liable to be dismissed.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
17. Further, the learned Senior Counsel for the 1st Respondent/Writ
Petitioner relied on the Staff Fixation Report for the Academic Year 2018-
19 of the 2nd Respondent school. Particularly, a reference was made to
Serial No.21, wherein, it has been mentioned that two posts were sanctioned
for ‘Vocational Teachers (Full Time)’, out of which, one post was for
'General Machinist' and the other post for 'Office Management'.
18. Serial No.21 of the Staff Fixation Report for the Academic
Year 2018-19 is usefully extracted hereunder:-
Sl.No. Name of the Post No. of Posts
21 Vocational Teachers (Full Time) General Machinist – 01
Office Management – 01
19. In support of the above contentions, the learned Senior Counsel
for the 1st Respondent/Writ Petitioner relied on the following cases:-
1. The State of Tamil Nadu, Rep by its Secretary Vs.
Secretary/Correspondent, Sethupathi Higher
Secondary School, W.A.(MD). No. 1494 of 2017.
2. The Chief Educational Officer Vs. D.Gnana Theeba
Rani, W.A.(MD) No. 675 of 2024.
3. The Secretary to Government Vs. A.Kingsly Belbin,
W.A.(MD).No.1464 of 2023.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
DISCUSSION:-
20. We have heard the learned Special Government Pleader for the
Appellants and the learned Senior Counsel for the 1st Respondent/Writ
Petitioner.
21. The 4th Appellant had passed the Order dated 29.05.2020
which was impugned in W.P.No.9971 of 2021 filed by the 1st
Respondent/Writ Petitioner. The Writ Court has allowed the above Writ
Petition for the reasons stated in it.
22. Although we concur with the ultimate decision of the Writ
Court, we record different reasons to uphold it. We shall elucidate our
views in the ensuing paragraphs.
23. Before, we proceed further, we shall refer to few case laws
cited by the learned counsels on either side. In Kolawana Gram Vikas
Kendra Vs. State of Gujarat & Ors. (2010) 1 SCC 133, the Hon’ble
Supreme Court had to deal with a Circular dated 06.10.1998 issued by the
Government of Gujarat.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
24. Under the said Circular, it was obligatory on the part of
minority institutions to obtain prior approval from the State
Government/Competent Authority before making any new appointment to
both the Teaching and Non-Teaching posts.
25. The Hon’ble Supreme Court held that the selection process by
a minority institution to select a candidate without any interference from the
Government was valid. At the same time, however, the Hon’ble Supreme
Court ruled that the requirement of this prior approval was necessitated
because, it is for the Government, to see as to whether:-
a) there posts were available in the minority institution as per
the strength of students; and
b) whether the candidates, who were sought to be appointed
had the requisite qualifications in terms of the rules and
regulations of the Education Department.
26. Thus, it was held prior approval was required only to ascertain
whether the appointees had requisite qualifications in terms of the Rules
and Regulations of the Education Department.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
27. On facts, the decision in the case of Kolawana Gram Vikas
Kendra was confined only to the appointment of ‘Teachers’ in the
Appellant School therein. However, in the said case, the Hon'ble Supreme
Court had held that the same yard stick will apply to non-teaching staff also.
Relevant portion of the said decision reads as under:-
“7. In our considered view, we do not view this to be
interference in the selection process. It would be perfectly
all right for a minority institution to select the candidates
without any interference from the Government. However,
the requirement of this prior approval is necessitated
because it is for the Government to see as to whether there
were actually posts available in the said institution as per
the strength of students and secondly; whether the
candidates, who were sought to be appointed, were having
the requisite qualifications in terms of the rules and
regulations of the Education Department. That is precisely
the stand taken by the State of Gujarat before us in its
counter-affidavit.
8. Para 3 of the said affidavit reads as under:
“Minority institutions are free to select their
teaching and non-teaching staff. No Government
Officer or the representative of the Board was
appointed in the selection committee of the
minority institution. There is no interference by
the Government in the administration of the
schools. However, N.O.C is required to be
obtained to verify whether there is no a vacancy
of a teacher of a particular subject as per the
workload fixed by the Gujarat Secondary and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Higher Secondary Education Board specially
when the government is providing grant-in-aid
and that he possesses minimum required
qualification for the post he is appointed.”
From a reading of aforesaid Para 3, it is clear that all that
the Government wants to examine is as to whether the
proposed appointments were within the framework of the
Rules considering the workload and the availability of the
post in that institution and, secondly, whether the selected
candidates had the necessary qualifications for the subjects
in which the said teachers were appointed. The same applies
to the non teaching staff also.
9. In view of this clear stand taken by the State Government, we
cannot pursuade ourselves to hold that the aforementioned
Circular amounts to any unconstitutional interference in the
internal working of the minority institution. In that view, we
would choose to dismiss these appeals.
10. However, Mr.Ahmadi raised another point saying
that if the prior approval or the no-objection
certificate, as the case may be, is not awarded within
seven days without any reason, then it would be
hazardous for the minority institution to run itself.
We do expect the competent authority to issue the no-
objection certificate within the time provided in the
said circular which is of seven days. Of course, if
there are any objections, the authority will be
justified to take some more time within the
reasonable limits.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
28. The above ruling of the Hon’ble Supreme Court in the case of
Kolawana Gram Vikas Kendra (referred to supra), was also recently
followed by another Division Bench of equal strength in Mark Donald
Carron Vs. State Government of Tamil Nadu & Ors. (2024) SCC Online
Mad 4059. The Division Bench dismissed the Writ Appeal preferred against
the Order of the Writ Court dismissing the Writ Petition filed by the said
Writ Petitioner.
29. In the light of the above decision of the Hon’ble Supreme
Court, a Division Bench of this Court had allowed a batch of writ appeals
preferred by the Education Department in The Government of Tamil
Nadu & Ors. Vs. St.Aloysius Higher Secondary School, 2010 SCC
Online Mad 6148. There, the Division Bench of this Court held as under:-
“12. The Power of authorities has been clearly set
out in Tamil Nadu Recognised Private Schools (Regulation)
Rules, 1974 and Tamil Nadu Recognised Private Schools
(Regulation) Act, 1973. Rule 6 of Tamil Nadu Minority
Schools (Recognition and Payment of Grant), 1977
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
contemplates that approval for appointment of teachers is
mandatory before receiving any grant and therefore,
minority institutions cannot say merely some teachers have
been appointed in regular vacancies, release of grant is
automatic even before the approval of appointment of
teachers made by the competent authorities. Granting
approval to the appointments of staff in minority
educational institutions by the Government was upheld by
the Supreme Court in [Kolawana Gram Vikas Kendra v.
State of Gujarat and others] (2010) 1 SCC 133.
14. In the light of the above facts, when we analyse the
impugned circulars dated 25.04.1994 and 20.05.1994, in the
first circular, it was clearly stated that the Government had
proposed to issue revised norms for teachers; pupil ratio
and the matter is now under the active consideration of the
Government. Hence, the vacancies existed due to death,
retirement, voluntary retirement, resignation etc., in the
aided High School and Higher Secondary Schools should
not be filled up with effect from 01.06.1994 till the revised
norms are issued. Further, it was stated that the Chief
Educational Officer, District Educational Officer and
Inspectors of Girls Schools were requested to give suitable
instruction to the management and heads of the aided
school (both minority and non minority) under their control
not to fill up vacancies which existed due to the above
reasons and keep them vacant from 01.06.1994 until further
orders. This circular was issued by the Director of School
Education. Subsequently, in the second Circular dated
20.05.1994 issued by the Director of Elementary Education,
it was stated that all the District Educational Officers are
informed that granting permission to fill up teachers post
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
which fell vacant due to retirement, resignation, death or
voluntary retirement in aided primary/middle school from
01.06.1994 has to be stopped temporarily. Further, it was
stated that they are requested to inform this to all the
Assistant Educational Officer who in turn shall inform the
matter to all the management of the school and to keep an
acknowledgment from them. It was further stated that the
District Educational Officers are requested to send a report
on the action taken by them. Thus, by virtue of these two
circulars dated 25.04.1994 and 20.05.1994, the
Government has given a direction that the appointments
arising out of vacancies, including on the death or
retirement of a teacher, even in respect of the aided
schools, should be stopped temporarily. Though these
instructions came with effect from 01.06.1994, subsequently,
it was stated that this ban was for a period of one year. This
ban was intended for the ostensible purpose to regulate the
appointments to suit the convenience in the matter of
appointment of teachers by taking note of the relevant
teacher;pupil ratio. Therefore, the Government thought it fit
to regulate, to upgrade and to maintain high standards in
respect of the teacher;pupil ratio and for this purpose the
circulars were issued. Therefore, merely because the ban
was in force prohibiting appointment of teachers, it cannot
be said that it had infringed the rights of the respondents
school.”
30. All these cases are confined to the appointment of 'Teachers’.
They have not specifically dealt with the appointment of ‘Vocational
Instructors’ under the Tamil Nadu Recognised Private Schools
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
(Regulation) Act, 1973 (hereinafter referred to as '1973 Act') and Tamil
Nadu Recognised Private Schools (Regulation) Rules, 1974 (hereinafter
referred to as '1974 Rules').
31. The 1973 Act and the 1974 Rules have now been replaced with
the Tamil Nadu Recognised Private Schools (Regulation) Act, 2018 and the
Tamil Nadu Recognised Private Schools (Regulation) Rules, 2023 vide
G.O.Ms.No.13 & 14 School Education (MS) w.e.f. 13.01.2023. The new
Act and the Rules made thereunder are different in many ways. They are
more comprehensive.
32. Therefore, to resolve the issue regarding the correctness of the
said decision of the 4th Appellant dated 29.05.2020 declining to approve the
appointment of the 1st Respondent/Writ Petitioner as a ‘Vocational
Instructor (General Machinist)’, a reference is made only to the
provisions of the '1973 Act' and the '1974 Rules' and to the Tamil Nadu
Minority Schools (Recognition and Payment of Grant) Rules, 1977
(hereinafter referred to as '1977 Rules') and the 2018 Act and 2023 Rules
which came into force only on 13.01.2023.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
33. The 1977 Rules are primarily meant for recognition of
“Minority Schools” and for payment of Government grants to such
“Minority Schools” as defined in Rule 2(d) of the 1977 Rules. The 1977
Rules does not prescribe any method of appointment of “Teachers” and
other staffs in “Minority Schools” as defined in Rule 2(d) of the 1977
Rules.
34. Rule 9 of the 1974 Rules contemplates recognition of private
schools including “Minority Schools” of all kinds specified in Rule 4 of the
1977 Rules. Rule 9 of the 1974 Rules is a generic rule. Rule 9 of the 1974
Rules applies to all private schools including a Minority School.
35. Therefore, the 1977 Rules has to be read along with the 1974
Rules in the case of appointment of both “Teaching” and “Non-Teaching
Staff” in “Minority Schools”.
36. The 1973 Act provided a broad legal framework for
appointment and qualification of “Teachers” and “Other persons” in
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Private Schools. Chapter V of the 1973 Act specifically deals with “Terms
and Conditions of Service of Teachers and Other Persons in Private
Schools”.
37. Section 19 is in Chapter V of the 1973 Act. Section 19 deals
with Qualifications, Conditions of Service, etc., of “Teachers” and
“Other Persons” employed in Private Schools.
38. To implement the object of Section 19 of the 1973 Act, 1974
Rules were framed. Rule 15 of the 1974 Rules mirrors and reflects the
object of Section 19 of the 1973 Act. Similar expressions found in both
Section 19 of the 1973 Act and Rule 15 in the 1974 Rules.
39. The expressions used in both Section 19 of the 1973 Act and
Rule 15 of the 1974 Rules are ‘Qualifications’, ‘Conditions of Service’ of
“Teachers” and “Other Persons”.
40. Neither the 1973 Act nor the 1974 Rules or 1977 Rules have
defined the expression “Vocational Instructor”. There is only definition of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
the expression “Teacher” in Rule 2(c) of the 1974 Rules. The expression
“Teacher” in Rule 2(c) of the 1974 Rules to include a “Headmaster”. A
similar definition of the expression “Teacher” is there in the 1977 Rules as
well.
41. The post of 'Vocational Instructor' was introduced for the
first time in the Year 2009 vide G.O.Ms.No.65 School Education (VE)
dated 24.02.2009 in the 1974 Rules.
42. However, fact remains that appointment of the 1st
Respondent/Writ Petitioner was made to the post of “Vocational
Instructor”, after the previous incumbent who was earlier appointed as a
“Vocational Instructor” against a regular vacancy attained the age of
superannuation, the 1st Respondent/Writ Petitioner was appointed in his
place as a “Vocational Instructor”. The post of “Vocational Instructor
(General Machanist)” is a sanctioned post.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
43. If the post of the “Vocational Instructor (General
Machinist)” is to be treated on par with the post of a “Teachers” under the
1973 Act and the 1974 Rules, the decision of the 4th Appellant cannot be
questioned. In other words, procedure prescribed for appointment under
Rule 15(4) of the 1974 Rules was required to be followed, however, this is
not the case here. We shall explain our position in ensuing paragraphs.
44. On the other hand, if the post of the “Vocational Instructor
(General Machinist)” was to be treated on par with the post of “Other
Persons” under the Rules, it has to be held that the decision of the 4th
Appellant was rightly interfered by the Writ Court vide Impugned Order.
45. We shall refer to the post of “Vocational Instructor (General
Machinist)” in due course of this narration.
46. We are concerned with a case of appointment of the 1 st
Respondent/Writ Petitioner as a 'Vocational Instructor (General
Machinist)' in the 2nd Respondent Minority School as against the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
sanctioned strength which was made without prior approval of the 4 th
Appellant herein.
Validity of appointment of the 1st Respondent as “Vocational Instructor
(General Machinist)” in the 2nd Respondent School:-
47. It has to be borne in mind that even if appointments are/were
made in excess of the fixed Teacher-Pupil Ratio under the Rules, the
appointment cannot be regularised even in the case of a person other than a
“Teacher”. We are not concerned with the above situation.
48. As per Rule 15(1) of the 1974 Rules, the number of ‘Teachers’
and ‘Other Persons’ employed in a private school shall not exceed the
number of posts sanctioned by the Director of School Education (DSE).
Number of post had to be thus sanctioned by the Director of School
Education (DSE).
49. For the sake of clarity, Rule 15(1) of the 1974 Rules is
reproduced below:-
“15. Qualifications, conditions of service of teachers and other
persons. –
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
(1) The number of teachers and other persons employed in a
private school shall not exceed the number of posts sanctioned
by the Director of School Education, from time to time, with
reference to the academic requirements, teacher-pupil ratio and
overall financial considerations.”
50. As per Rule 15(1) of the 1974 Rules, the Director of School
Education (DSE), was required to fix and sanction the post of “Teachers”
and “Other Persons” in a Private School from time to time with reference
to:-
a. Academic Requirements;
b. Teacher-Pupil Ratio; and
c. Overall financial considerations.
51. Rule 15(2) of 1974 Rules prescribed the format for agreements
to be signed with “Teachers” and “Other persons” and the procedure to be
followed in the matter of their appointments to be made by the ‘School
Committee’. For the sake of clarity, Rule 15(2) of 1974 is reproduced
below:-
“15. Qualifications, conditions of service of teachers and other
persons. –
(2) (i) The School Committee of every private school shall enter
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
into an agreement with the teacher or other person in Form VII-
A or VII B if the appointment is for a period exceeding three
months.
[(i-a) The School Committee of every private school shall enter
into an agreement with the person appointed as Junior Grade
Teacher in Form VII-C.]
(ii) Three copies of the agreement shall be executed, one copy
shall be furnished to the teacher or other person concerned, the
other copy shall be retained by the School Committee and the
third copy shall be forwarded to the District Educational
Officer.”
52. As against a 'regular vacancy', only a fully qualified candidate
could be appointed on a regular basis under Sub-Rule (3) to Rule 15 of
1974 Rules. Similarly, in the case of a 'temporary vacancy', such vacancy
can be filled up only for a specified period on 'temporary basis'. For the
sake of clarity, Rule 15(3) of the 1974 Rules is reproduced below:-
“15. Qualifications, conditions of service of teachers and other
persons. –
(1) .................................
(2) .................................
(3) In a regular vacancy, a fully qualified candidate shall be
appointed only on a regular basis. However, in a temporary vacancy,
i.e., leave vacancy, deputation for training or suspension of the
teacher's certificate, a teacher or other person may be appointed for
a specified period. In such cases, the agreement to be executed shall
be in Form VII B.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
53. For filling up such a 'temporary vacancy', Schools were
required to sign an agreement with such a person in Form VII B as was
specified in the 1974 Rules. Rule 15(3) of the 1974 Rules illustrated the
situation when 'temporary vacancy' could arise in a Private School.
54. Rule 15(4)(i) of the 1974 Rules underscores the point that
promotion shall be made only on the grounds of merit and ability and
seniority will be considered only when merit and ability are approximately
equal. We are also not concerned with a situation contemplated under Rule
15(4)(i) of the 1974 Rules in the present case.
55. Since the 1st Respondent/Writ Petitioner was made after the
previous incumbent attained the age of superannuation, the appointment of
the 1st Respondent/Writ Petitioner as ‘Vocational Instructor (General
Machinist)’ was against a regular vacancy. This is also not in dispute.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
56. There are also no indication that at the time of appointment of
the 1st Respondent/Writ Petitioner by the 2nd Respondent School, there was
any change in the sanctioned strength of the “Teachers” and “Other
Persons” albeit in the 2nd Respondent Minority School.
57. There are also no indication that the Teacher-Pupil Ratio had
also changed at the time of appointment of 1st Respondent/Writ Petitioner in
the 2nd Respondent Minority School. Thus, there is no dispute that the post
of “Vocational Instructor (General Machinist)” was a sanctioned post in
the 2nd Respondent Minority School.
58. In fact, if we examine the scheme of the 1974 Rules, there are
only two broad categories of ‘persons’ who can be appointed in Schools
governed by the 1973 Act and the aforesaid Rules. One is under the
category of “Teacher” and the other is under the category of “Other
persons”.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
59. 'Vocational Instructors' are engaged in schools for imparting
practical training and to expose students to the relevant skills in a particular
discipline. Under the 1974 Rules, the post of 'Vocational Instructor
(General Machinist)' was not on par with that of a “Teacher” as defined
in Rule 2(c) of the 1974 Rules unlike the 2018 Act and 2023 Rules,
although the role of a 'Vocational Instructor' is somewhat akin to that of a
“Teacher” in a school.
60. As far as qualifications of “Vocational Instructors” are
concerned, the qualifications are prescribed only in Annexure V-B of the
1974 Rules. Annexure V-B of 1974 Rules applies to all schools including
Minority Schools. Table IV to Annexure V-B of the 1974 Rules prescribes
qualifications for “Vocational Instructor (General Machinist)”.
61. From a reading of qualification prescribed in Table IV to
Annexure V-B of the 1974 Rules for a “Vocational Instructor (General
Machinist)”, it is evident that they are not “Teachers” for the purpose of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
1973 Act or the 1974 Rules. We shall explain the above position with
reference to qualifications of “Teachers”. “Vocational Instructors” and
“Non-Teaching Staff” viz., “Other persons” in the ensuing paragraphs.
Requisite Qualification for ‘Teachers’,‘Vocational Instructors’ and
‘Other Persons’ employed in Private Schools/ in Minority Schools:-
62. Rule 15(6) of the 1974 Rules prescribes qualifications for
“Teacher” and “Other Persons” employed in a Private School. As per
Rule 15(6) of the 1974 Rules, they shall possess the qualification specified
in Annexure V of the aforesaid Rules.
63. Rule 15(6-A) of the 1974 Rules prescribes qualifications for
certain other categories of “Teachers” namely Junior Grade Teachers in
Private Schools and Junior Grade Teachers in Higher Secondary
Schools and their qualification is prescribed in Annexure V-A of the 1974
Rules.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
64. Annexure V-A of the 1974 Rules was inserted by
G.O.Ms.No.125, School Education (X2) dated 12.11.2003 into 1974
Rules. Annexure V-A of the 1974 Rules has to be read along with Rule
15(6-A) of the 1974 Rules. It has two parts. First part to Annesure V-A of
the 1974 Rules specifies qualifications for ‘Junior Grade Teachers in
Private Schools’. Second Part to Annexure V-A of the 1974 Rules
prescribes qualifications for ‘Junior Grade Teachers in Higher
Secondary Schools’.
65. Thus, certain categories of “Instructors” have also been
grouped along with ‘Junior Grade Teachers in Private Schools’ in Part I
to Annexure V-A of the 1974 Rules. S.No. 12 to Part I to Annexure V-A
of the 1974 Rules prescribe qualifications to the post of Junior Grade
Instructors in various disciplines in Private School including Junior Pre-
Vocational Teachers.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
66. Summary of Part I and Part II to Annexure V-A of the 1974
Rules is captured in the following:-
Annexure V-A of the 1974 Rules
Qualifications for appointment as:-
Junior Grade Teachers in Private Junior Grade Teachers in Higher
Schools Secondary Schools
1.Junior Grade B.Ed. Teacher in 1.Junior Grade Post-Graduate
High Schools and Higher Secondary Assistants in Academic Subjects.
Schools 2.Junior Grade Post-Graduate
2.Junior Grade B.Ed. Teacher in Assistants in Languages (Tamil).
Middle Schools 3.Junior Grade Post-Graduate
3.Junior Grade Secondary Grade Assistant in languages (Other than
Teacher. Tamil).
4.Junior Grade Elementary Grade 4.Junior Grade Physical Directors.
Teacher (Trained in Nursery,
Montessori and Kinder Garden).
5.Junior Grade Tamil Pandits.
6.Junior Grade Pandits of other
languages.
7.Junior Grade Physical Director in
High Schools.
8. Junior Grade Physical Education
Teacher.
9.Junior Grade Instructor in Sewing.
10.Junior Grade Instructor in Music.
11.Junior Grade Drawing Master.
12.Junior Grade Pre-vocational
Teachers.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
67. Annexure V of the 1974 Rules has four parts namely, Table I,
II, III and IV. Table I to Annexure V of the aforesaid Rules lists out 27
categories of “Teachers” in Private Schools and their qualifications.
68. Similarly, Annexure III appended to the 1977 Rules prescribe
qualifications for “Teachers” in Minority Schools. Annexure III to the
1977 Rules is also divided into three parts. Part I to 1977 Rules deals with
“Qualifications for appointment as ‘Teachers’ in Minority Schools
(Regular)”.
69. Part I to 1977 Rules also has about 27 categories of
“Teachers” and specifies their qualifications. It is similar to the
qualifications in Table I to Annexure V of the aforesaid Rules.
70. Certain categories of Instructors simplicitors alone have been
included along with the post of the ‘Teachers’ in these parts/tables to
Annexure V and III of the 1974 and 1977 Rules respectively.
“Instructors” in Table I to Annexure V should possess regular
qualifications along with certain additional qualifications prescribed
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
therein. These categories of “Instructors” simpliciter are also eligible to be
appointed as “Teachers” both under the 1974 Rules and 1977 Rules.
71. The qualifications for the ‘Teachers’ and certain categories of
“Instructors” both under Part I to Annexure III to 1977 Rules and Table
I to Annexure V of the 1974 Rules are similar. For the sake of comparison,
they are reproduced below:-
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
Sl. Name of the Qualification * Qualification *
No. Post
1 Headmaster Headmaster *
(High Schools) (High Schools)
1A Headmaster *
(Elementary and
Middle Schools)
2 B.T. Assistant B.T. Assistant *
3 Secondary Grade Secondary *
Teacher Grade Teacher
4 Elementary Elementary *
Grade Teacher Grade Teacher
5 Tamil Pandits Tamil Pandits *
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
6 Pandits of other Pandits of other *
Languages Languages
(Languages other (Languages other
than Tamil) than Tamil)
7 Physical Director Physical Director *
8 Physical Physical Education *
Education Teacher
Teacher (a) Grade – I
(a) Grade – I (b) Grade - II
(b) Grade - II
9 Woodwork Woodwork (1) S.S.L.C. completed
Instructor Instructor (2) (i)Industrial School Certificate; or
(ii)Certificate course in Elementary
Wood Working (Old Regulation)
issued by the College of Arts and
Crafts, [Chennai];
(iii) Diploma Course in wood
work issued by College of Arts and
Crafts (New Regulations), [Chennai]
;
(3) (i)Technical Teachers' Certificate;
or
(ii)Crafts Instructors' Course
Certificate of Teachers' College,
Saidapet.
(4) National Trade Certificate in the
Trade of Carpentry. One year course
(with) one year paid (untrained)
teaching experience or one year
(paid) work experience in standard
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
work factory or institution; and
(5) National Apprentice Certificate
issued by the National Council for
Training in Vocational Trades.
10 Spinning and Spinning and (1) S.S.L.C Completed.
Weaving Weaving (2) (i) Artisan Course or Instructors
Instructor Instructor Course Certificate of the Government
Textile Institute (Chennai); or
(ii) Government Technical
Examinations Certificate (Lower
Grade); or
(iii) Bunayee or Khadi Pravisake
Course (One year) of the All India
Spinners Association, Tiruppur; or
(iv) Three-year Certificate Course in
Handloom and Powerloom Weaving
issued by the Sri Moolam Rama
Varma Technical Institute, Nagercoil,
awarded prior to 1961; or
(v) Twelve months Craftsman
Certificate in Handloom Weavers or
Sri Moolam Rama Varma Technical
Institute , Nagercoil; or
(vi) National Trade Certificate
awarded by the National Council for
training in Vocational Trades,
Government of India, the Director
General of Resettlement and
Employment, New Delhi, in Hand-
weaving Trade; or
(vii) Diploma in Handloom
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
Technology awarded by the Indian
Institute of Handloom Technology,
All India Handloom Board, Salem;
and
(3) (i)Technical Teachers' Certificate;
or
(ii)Craft Instructors Course
Certificate of Teachers' College,
Saidapet.
11 Instructor in Instructor in (1) (i) S.S.L.C. completed or its
Gardening and Gardening and equivalent;
Agriculture Agriculture (ii) Government Technical
Examination Certificate (Lower
Grade); and
(iii) Technical Teachers'
Certificate; or
(2) (i) Completed Secondary School
Leaving Certificate with thirty-five
per cent in Agriculture (Theory and
Practical separately) under the
Diversified Course; and
(ii) Technical Teachers' Certificate.
12 Instructor in Instructor in Home (1) S.S.L.C. Completed;
Home Craft Craft (2) (i)Government Technical
Examination (Higher Grade in Needle
Work and Dress-making and Higher
Grade in Embroidery); or
(ii) Industrial School Certificate; or
(iii)National Trade Certificate
awarded by the National Council for
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
Training in Vocational Trade,
Government of India or the Diploma
awarded by the Director General of
Resettlement and Employment, New
Delhi in Embroidery and Needle
work; or
(iv) Diploma in Costume Designing
and Dressmaking issued by the State
Board of Technical Education and
Training, [Chennai];
and
(3) Technical Teachers' Certificate.
13 Instructor in Instructor in Music *
Music
14 Instructor in Drawing Master *
Music
15 Metal Works Metal Works Examination of Lower Grade in the
Instructor, Instructor, Electric subject; or
Electric Wiring Wiring Instructor, (iii) Certificate of the Government
Instructor, Book- Book-Binding of India, Director of Resettlement and
Binding Instructor, Leather Employment (Ministry of Labour).
Instructor, Work Instructor, Explanation. - The Industrial School
Leather Work Clay Modelling Certificate should, ordinarily, be of
Instructor, Clay and Paper Making, not less than two years duration and
Modelling and Coir Instructor, for the particular subject alone and
Paper Making, Basketing and not for a number of subjects. (1)
Coir Instructor, Ratan Work S.S.L.C. completed; and
Basketing and Instructor (2) (i) Industrial School Certificate;
Ratan Work or
Instructor (ii) Government Technical
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
16 Diversified Diversified Course
Course Secretarial *
Secretarial Assistant
Assistant
17 Commercial Commercial (1) Government Technical
Instructor Instructor Examination in Typewriting (Higher
Grade); and
(2) Technical Teachers' Certificate.
ENGINEERING:
18 Senior Instructor (1) B.E. (Mechanical) or B.E.
(Electrical) or a degree equivalent
thereto; or
(2) (a) L.M.E. or D.M.E. or L.E.E. or
D.E.E.; or
(b) (i) B.Sc. (Physics Main) and
Electrical or Mechanical Engineering
(Subsidiary); and
(ii) Workshop experience or
teaching experience in a recognised
institution for a period of not less
than three years; or
(3) B.T. or B.Ed, or L.T. with not less
than two years' workshop experience
or teaching experience in a
recognised school.
19 Assistant Assistant Instructor L.M.R. or L.M.E. or L.E.E.; or
Instructor L.M.E. with practical experience for a
period of not less than one year in
Engineering workshop or as
Instructor in recognised technical
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
school.
20 Senior Mechanic Senior Mechanic *
21 Junior Mechanic Junior Mechanic *
22 Instructor in Instructor in (i) B.Sc., Agriculture; or
Agriculture Agriculture (ii) B.A. or B.Sc. with Agriculture as
a subject in a degree courses; or
(iii) B.Sc. with Agriculture as a
subject in the Intermediate; or
(iv) B.A. or B.Sc., (Botany or
Zoology) with Higher Grade
Certificate in Agriculture.
Provided that persons possessing the
qualification specified above are not
available, any of the qualifications
specified below may be deemed as
sufficient;
Licentiate in Agriculture (Mysore); or
S.S.L.C. eligible or completed with
Agriculture Higher Grade and T.T.C.
in Agriculture; or
S.S.L.C. eligible or completed with
Agriculture under the diversified
course (From 1976).
23 Instructor in (i) Licentiate or Diploma in Textile
Textile Technology; and
Technology (ii) Work experience in Weaving in a
recognised Textile
24 Instructor in A degree in Home Science, I.T. or
Home Science P.T. or B.Ed.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
TABLE I TO PART I TO
ANNEXURE V OF ANNEXURE V
1974 RULES- OF 1977 RULES-
QUALIFICATIONS QUALIFICATIONS
FOR APPOINTMENT FOR
AS TEACHERS IN APPOINTMENT
PRIVATE SCHOOLS AS TEACHERS IN
(REGULATION) PRIVATE
SCHOOLS
(REGULAR)
25 Drawing and Drawing and (i) Degree in Drawing and Painting
Painting Painting Instructor under Part III of any University in the
Instructor State or its equivalent; or
(ii) Diploma in Painting or Diploma
in Drawing of Annamalai University;
or
(iii) (a) S.S.L.C. completed; and
(b) A Diploma in Drawing Second
Class or Painting granted by the
College of Arts and Crafts, [Chennai]
or Government Diploma in Drawing.
26 Instructor in Instructor in Music (1) A degree with Music in Part III; or
Music (2) (a) A Diploma or title holder in
Music; or
(b) (i) S.S.L.C. or its equivalent;
and
(ii) Sangeetha Sironmani or
Sangeetha Bhushanan title.
27 Instructor in Instructor in (i) Diploma in Dancing awarded by
Dancing Dancing Kalakshetra, Thiruvanmiyur; or
(ii) Higher Grade Certificate awarded
by the Director of Government
Examinations, [Chennai]; or
(iii) Natya Vishrada Examination
Certificate conducted by the Tamil
Nadu Music College, Adyar.
# - Only in 1977 Rules
[Explanation.- The “Technical Teachers' Certificate” means the Technical
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Teachers' Certificate awarded by the Education Department and includes the
Teachers' Training Certificate issued by the Department of Industries and
Commerce before 1963 and the Technical Teachers' Course Certificate issued
by the Department of Employment and Training on and from the 1st January
1963.]
Note I*: (Qualification has intentionally left blank here as they are not
relevant for the present dispute).
Note II: For the Post at Serial Nos.9 to 13, 15 to 19, 22 to 27, multiple
qualifications are required as compared to the qualification prescribed for
“Vocational Instructor (General Machinist)” in Annexure V-B.
72. A certain categories of “Instructors” also have been grouped
along with “Teachers” in Table I to Annexure V of the 1974 Rules. They
have however not prescribed qualification for “Vocational Instructors”.
73. Table II to Annexure V of the 1974 Rules stipulates 9
categories of “Teachers” and their qualifications for appointment in Private
Special Schools. Similarly, Part II of Annexure III in 1977 Rules deals
with “Qualifications for Appointment as Teachers in the Minority
Special Schools for (1) deaf and dumb, (2) Blind, (3) Mentally retarded”.
The qualifications of Teachers in Table II in Annexure V to the 1974
Rules are identical to that in Part II to Annexure III of the 1977 Rules.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
They are not relevant for our enquiry and are therefore not reproduced.
74. Table III to Annexure V to 1974 Rules prescribes the
qualifications for “Non-Teaching Staff” to be appointed in Private
Schools. Similarly, Part III to Annexure III to 1977 Rules deals with
“Qualifications for the Non-Teaching Staff in Minority Schools including
Training Schools”. Similar categories of qualifications are prescribed. For
comparison, Table III to Annexure V to the 1974 Rules is extracted
below:-
III. QUALIFICATIONS FOR THE NON-TEACHING STAFF IN
PRIVATE SCHOOLS INCLUDING TRAINING SCHOOLS
Name of the Post Qualifications
(1) (2)
1. Clerks including Library Clerk S.S.L.C with eligibility for college
course
2. Record Clerk, Laboratory and S.S.L.C. completed
Library Assistant
3. Peons A pass in Standard VIII
4. Watchman, Waterman, Gardener, To read and write Tamil
Sweeper and Scavenger
75. Table IV to Annexure V of the 1974 Rules prescribes
qualifications for “Teachers” in Higher Secondary Schools viz.,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Headmasters, PG Assistants in academic subjects and Physical Directors
in Higher Secondary Schools.
Qualification for the post of “Vocational Instructor” under 1974
Rules:-
76. A reference has to be made to Annexure V-B of the 1974
Rules for the qualification to the post of “Vocational Instructor” in a
private Higher Secondary School. Annexure V-B to the 1974 Rules was
inserted by G.O.Ms.No. 65, School Education (VE) dated 24.02.2009.
77. The expression “Vocational Instructor” has been used in
Rule 15(4)(ii)(ii), Rule 15(6-B) and Rule 15(6-C) of the 1974 Rules.
Annexure V-B was inserted in the 1974 Rules for the purpose of
implementing Rule 15(6-B) of the 1974 Rules. Rule 15(6-B) of the 1974
Rules reads as under:-
“(6-B) No person shall be eligible for appointment to the
post of Vocational Instructor in a Recognized Private
Higher Secondary School unless he possesses the
qualifications specified in Annexure V-B.”
78. While Rule 15(4)(ii)(ii) of the 1974 Rules was inserted vide
G.O.Ms.No.1376 dated 06.07.1981, Rule 15(6-C) of the 1974 Rules was
inserted vide G.O.Ms.No. 65, School Education (VE) dated 24.02.2009
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
with effect from 24.02.2009 for appointment of “Vocational Instructor
(General Machinist)”. Along with Rule 15(6-C) of the 1974 Rules,
Annexure V-B was inserted in the 1974 Rules for the purpose of
implementing Rule 15(6-B) of the 1974 Rules vide G.O.Ms.No. 65, School
Education (VE) dated 24.02.2009.
79. In Annexure V-B of the 1974 Rules, there are five different
categories of “Vocational Instructors” for different disciplines of
vocational courses in Private Higher Secondary Schools. They are as
follows:-
Sl. Table No. Category
No.
1 I Vocational Instructor is recognised
Private Higher Secondary Schools
2 II Vocational Instructor for Commerce
and Business Administration
3 III Vocational Instructor for Agriculture
4 IV Vocational Instructor for Engineering
and Technology
5 V Vocational Instructor for Health
6 VI Vocational Instructor for Photography
and Music
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
80. Annexure V-B of the 1974 prescribes qualifications for these
five categories of “Vocational Instructors”. As far as the post of
‘Vocational Instructor’ in ‘General Machinist’ with which we are
concerned in the present case. A reference has to be made to Serial No. 5 to
Table IV to Annexure V-B of the 1974 Rules under the category
‘Vocational Instructor for Engineering and Technology’.
81. The qualification prescribed for “Vocational Instructor
(General Machinist)” in Annexure V-B of the 1974 Rules is as under:-
IV. VOCATIONAL INSTRUCTOR FOR ENGINEERING AND
TECHNOLOGY
S. Name of the Qualification
No. Post
5. General “A Diploma in Mechanical Engineering from a
Machinist recognized Institution with one year practical
experience”
82. Annexure V-C of the 1974 Rules as inserted by
G.O.Ms.No.65, School Education (VE) dated 24.02.2009 prescribes the
qualification for appointment of “Vocational Instructors (Computer
Science)” in Higher Secondary Schools with which we are not concerned.
83. Thus, it is evident Annexure V and Annexure V-A of the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
1974 Rules prescribe qualifications only for those categories of posts which
qualify as “Teachers” and “Non-Teaching Staff”. Qualifications for
“Vocational Instructor” are neither specified in Annexure V and
Annexure V-A of the 1974 Rules.
84. While amending the 1974 Rules, in 2009, the definition of
“Teacher” in Rule 2(c) of the 1974 Rules was thus not amended to include
the expression “Vocational Instructors” within its ambit. The 1977 Rules
was also not been amended to include the post of ‘Vocational Instructors’.
85. Thus, “Vocational Instructors” are separately categorized
under Annexure V-B for the purpose of Rule 15(6-B) of the 1974 Rules
and Annexure V-C for the purpose of Rule 15(6-C) of the 1974 Rules.
None of the other Annexures have treated the post of ‘Vocational
Instructor’ on par with “Teacher” under the 1974 Rules.
86. This is also evident that the post of a 'Vocational Instructor
(General Machinist)' is a “stand alone” post in a recognized private aided
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
school under the 1974 Rules.
87. This is also the view of the decision rendered by a Division
Bench of this Court in the case of Chief Educational Officer & Anr. Vs.
D.Gnana Theeba Rani & Anr. in W.A.(MD).No.675 of 2024 vide its
judgment dated 15.04.2024, wherein, one of us, the Hon'ble Mr.Justice
R.Suresh Kumar was a member. Relevant portion of the said judgment
reads as under:-
“8. The post of Pre-Vocational Instructor is a stand alone
post, that has been sanctioned for the second respondent
School and that the single post in the subject Sewing is
compulsory for the girl students. Without a single Teacher,
the girl students cannot be thought in the said subject. Even
when there is any vacancy in staff fixation strength, it can be
done only in respect of Teachers for general subjects and
that it could be adjusted between Secondary Grade Teacher,
BT Assistant and PG Assistant, but, however, in so far as the
special Teachers are concerned, particularly, like the post
of Sewing Teacher, Physical Instructor and so on, these
posts are sanctioned only due to the fact that atleast single
Teacher is compulsorily required to teach the students on
the special subjects. Therefore, the contention that since
students strength had fallen below 250 in number and
therefore, even the single post could be rendered as surplus,
cannot be accepted for the simple reason that without any
Teacher for the special subjects, the girl students, who are
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
studying in the School, cannot be thought, which has been
taken note of by several orders by the other Division
Benches and invariably directions have been issued to the
State to approve those posts, which has been filled up in the
sanctioned post. ”
Method prescribed for the appointment of “Teachers”, “Vocational
Instructors” and “Non-Teaching Staff” in Private Minority Schools:-
88. There are also different methods prescribed for appointment of
“Teachers” and “Other Persons” under the 1974 Rules. Therefore, Rule
15(4)(ii) of the 1974 Rules is relevant for our discussion.
89. There is no clear method prescribed for appointment of a
“Vocational Instructor” under the 1974 Rules. The 1977 Rules is also
silent regarding the method of appointment to the post of 'Vocational
Instructors' under 'General Machinist' as provided in Table IV to
Annexure V-B of the 1974 Rules.
90. In fact, no procedure has been prescribed for appointment of
“Other persons” also under the aforesaid Rules though certain categories
of post of “Instructors” have been grouped along with the “Teachers”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
both in the 1974 Rules and 1977 Rules.
91. As far as “Other Persons” referred to in Section 19 of the
1973 Act and Rule 15 of the 1974 Rules are concerned, it would include
both “Non-Teaching Staff” and certain categories of “Vocational
Instructors” whose qualifications are not specified in Table I to
Annexure V.
92. Rule 15(4)(ii) of the 1974 Rules prescribes the method to be
followed for appointment of “Teachers” in a Private Schools. The above
Rule applies to even minority institutions which are otherwise governed by
1977 Rules. It will be therefore profitable to refer to Rule 15(4)(ii) of the
1974 Rules which is extracted hereunder:-
“Rule 15(4):
(ii)Appointments to the various categories of Teachers shall be made
by the following methods: -
(i) Promotion from among the qualified Teachers in that
school; or
(ii) Promotion from among the qualified Vocational Instructors
in that School;
(iii) If no qualified and suitable candidate is available by
method (i) and (ii) above, -
(a) Appointment of other persons employed in that
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
school, provided they are fully qualified to hold the post of teachers.
(b) Appointment of teachers from any other school.
(c) Direct recruitment.”
In the case of appointment from any other school or by direct
recruitment, the School Committee shall obtain the prior permission of
the District Educational Officer in respect of Pre-Primary, Primary
and Middle School and that of the Chief Educational Officer in respect
of High Schools and Higher Secondary Schools, Teachers' Training
Institutions setting out the reasons for such appointment. In respect of
Corporate body running more than one school, the schools under that
body shall be treated as one unit for purpose of this Rule.
(d) Appointment to the post of Headmaster of Higher
Secondary School shall be made by the method specified in clause (ii)
either from the category of Headmasters of High Schools or Teachers'
Training Institutes or from the category of Post-Graduate Assistants in
academic subjects or Post-Graduate Assistants in Languages provided
they possess the prescribed qualifications.]
93. Rule 15(4)(ii) of the 1974 Rules deals with appointments of
“Teachers” and not of “Other Person” referred to in Section 19 of the
1973 Act. A reading of Rule 15(4)(ii) of the 1974 Rules makes it clear that
the method prescribed is only for the appointment of “Teacher” and “Head
Masters” alone.
94. Under Rule 15(4)(ii) of the 1974 Rules, there are only three
methods prescribed for appointment of ‘Teachers’. Methods of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
appointment of “Teachers” under the 1974 Rules can be summarised as
follows:-
Rule 15(4)(ii): Appointments to the various categories of Teachers shall be
made by the following methods: -
15(4)(ii)(i) 15(4)(ii)(ii) 15(4)(ii)(iii)
Promotion from among Promotion from among the If no qualified and
the qualified Teachers in qualified Vocational suitable candidate is
that school. Instructors in that School available by method (i)
and (ii) by:
(a) Appointment of other
persons employed in
that school, provided
they are fully qualified
to hold the post of
teachers.
(b) Appointment of
teachers from any other
school.
(c) Direct recruitment.
95. Rule 15(4)(ii)(ii) of the 1974 Rules makes it clear that the post
of “Vocational Instructors” in a private school was also a feeder post for
promotion to the post of a “Teacher”. Thus, a qualified “Vocational
Instructors” in a Private School can also be appointed by way of
promotion in a School under Rule 15(4)(ii)(ii) of the 1974 Rules.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
96. Rule 15(4)(ii)(iii) of the 1974 Rules applies only where
promotion under Rule 15(4)(ii)(i) & (ii) of the 1974 Rules cannot be
followed. Only for the purpose of appointment to the post of ‘Teachers’ as
per Rule 15(4)(ii)(iii)(b) & (c), the “School Committee”, as defined in the
Section 2(8) of the 1973 Act has to obtain a prior permission of the District
Educational Officer (DEO) and Chief Educational Officer (CEO) as the
case maybe.
97. For the sake of clarity, Rule 15(4)(ii)(iii)(b)&(c) and the
paragraph below the said Rule are reproduced below:-
“Rule 15(4)(ii)(iii)(b)&(c):
(b) (c)
Appointment of teachers from any Direct recruitment.
other school.
In the case of appointment from any other school or by direct
recruitment, the School Committee shall obtain the prior permission of the
District Educational Officer in respect of Pre-Primary, Primary and
Middle School and that of the Chief Educational Officer in respect of
High Schools and Higher Secondary Schools, Teachers' Training
Institutions setting out the reasons for such appointment. In respect of
Corporate body running more than one school, the schools under that
body shall be treated as one unit for purpose of this Rule.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
98. Thus, permission/prior approval of the District Educational
Officer (DEO) or the Chief Educational Officer (CEO) are required for
appointment of a “Teacher” in a private school only under the following
specified circumstances in Rule 15(4) of the 1974 Rules:-
Method of Appointment Class/Stage of School Competent Authority for
obtaining Requisite
permission
Appointment of Teachers Pre-primary and Primary District Educational
from any other school; or; Officer (DEO)
Appointment of Teachers High Schools, Higher Chief Educational Officer
by way of 'Direct Secondary and Teacher (CEO)
Recruitment' Training Institutions
99. In the case of appointment of “Teachers” by way of promotion
among the qualified teachers in that school as under Rule 15(4)(ii)(i) of the
1974 Rules or by way of promotion from among the qualified “Vocational
Instructors” as under Rule 15(4)(ii)(ii) of the 1974 Rules or by way of
appointment of other persons employed in the same school as under Rule
15(4)(ii)(iii)(a) of the 1974 Rules, no permission is required. Therefore,
appointment of “Vocational Instructors” need not precced a prior approval
of District Educational Officer (DEO) in case of a Pre-primary and Primary
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
or of the Chief Educational Officer in the case of High Schools, Higher
Secondary and Teacher Training Institutions.
Permission required only under specified circumstances for
Appointment of ‘Teachers’:-
100. As long as such person who is appointed to any of the post
under “other persons” viz., 'Vocational Instructors' in the present case
have requisite qualification and appointment is made in accordance with the
sanctioned post as per the staff fixation order of the 4th Appellant, the
appointment is valid under the 1974 Rules. No prior approval is required for
appointment to the post of “Non-Teaching Staff” and “Vocational
Instructors” viz., “Other Persons” as under the 1974 Rules and 1977
Rules.
101. This position further gets clarified from a reading of paragraph
below the Rule 15(4)(ii) of the 1974 Rules. For the sake of clarity, the said
paragraph is reproduced below once again:
“In the case of appointment from any other school or by direct
recruitment, the School Committee shall obtain the prior permission
of the District Educational Officer in respect of Pre-Primary,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Primary and Middle School and that of the Chief Educational
Officer in respect of High Schools and Higher Secondary Schools,
Teachers' Training Institutions setting out the reasons for such
appointment. In respect of Corporate body running more than one
school, the schools under that body shall be treated as one unit for
purpose of this Rule.”
102. Rule 15(4)(ii) of the 1974 Rules also does not deal either with
“Non Teaching Staff” or “Vocational Instructor” referred to in Rule
15(6-B) of the 1974 Rules. In fact, there is no method prescribed for the
appointment of “Other Persons’ viz., “Non-Teaching Staff” and
“Vocational Instructor” referred to in Rule 15(6-B) under the 1974 Rules.
103. Thus, it is evident from a reading of the Rule 15(4)(ii) of
the 1974 Rules that only for appointment of ‘Teachers’ in a Private School,
the ‘School Committee’ has to comply with the requirements of Rule
15(4)(ii) of the 1974 Rules.
104. A provision similar to Rule 15(4)(ii) to the 1974 Rules has not
been prescribed for appointment of a person either as a “Non Teaching
Staff” or as a “Vocational Instructor”. Only qualifications have been
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
prescribed in Rule 15(6-B) of the 1974 Rules for the post of “Vocational
Instructors”.
105. No procedure has been prescribed for the appointment of
“Other Persons” including that of ‘Non-Teaching Staff’ as in Table III to
Annexure V and ‘Vocational Instructor’ in Table IV to Annexure V-B of
the 1974 Rules. Only in the appointment of “Teachers” under Clause (b)
and (c) to Rule 15(4)(ii)(iii) of the 1974 Rules prior appointment is
required.
106. Neither, Rule 15(4) nor any other Rule under 1974 Rules had
prescribed any procedure for a method for appointment of “Other Persons”
and a qualified “Vocational Instructors” in a private school.
107. Only for the appointment of a ‘Teacher’, prior approval has to
be obtained under the circumstances specified in Rule 15(4)(ii)(iii)(b) & (c)
of the 1974 Rules. As far as ‘Non-Teaching Staffs’ and ‘Vocational
Instructors’ are concerned, no such approval is required.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
108. Therefore, under the 1974 Rules, only for appointment of
“Teachers”, prior approval of the 4th Appellant is contemplated. As far as
“other persons” are concerned, the appointment is left to the management
of the private school.
109. Since 'Vocational Instructor' is not a 'Teacher' for the
purpose of 1974 Rules, the method prescribed for appointment of
“Teachers” in a Private School under Rule 15(4)(ii)(iii)(b) & (c) of the 1974
Rules is not applicable for appointment of a 'Vocational Instructor' in a
Private School.
110. Therefore, in the absense of a clear method for appointment of
'Vocational Instructor (General Machinist)', either under the 1974 Rules or
1977 Rules, the appointment of a 'Vocational Instructor' has to be left to the
Management of a Private School.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
111. As long as it is a sanctioned post, the Management can make
such appointments without the approval of the Chief Educational Officer in
respect of High Schools and Higher Secondary Schools.
112. Thus, a post of “Vocational Instructor” referred to in Rule
15(6- B) of the 1974 Rules in a private school was a stand alone post. While
a “Vocational Instructor” serving in a school was eligible to be promoted
a “Teacher” subject to he or she or they possessing requisite qualifications
in Table I to Annexure V, no method has been prescribed for the
appointment of a “Vocational Instructor” under the 1974 Rules.
113. Unless the Teacher-Pupil ratio was revised by the 4th
Appellant/Director of School Education under Rule 15(1) of the aforesaid
Rules, it has to be construed that the post of ‘Vocational Instructor’ was a
regular post and on account of a vacancy caused by the previous incumbent,
the 2nd Respondent School was entitled to fill in the vacancy on ‘regular
basis’ under Rule 15(3) of the 1974 Rules.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
114. Only under the new regime, under TNPS(R) Act, 2018 and
TNPS(R) Rules, 2023, with effect from 13.01.2023 being the date on which
they came into force, the comprehensive method has been prescribed for
appointment of both the ‘Teaching’ and ‘Non-Teaching Staffs’.
115. Under the new regime, the post of a “Vocational Instructor”
has been treated on par with the post of a “Teaching Staff” as the said post
is specified in S.No.16 in Annexure IV-A to TNPS(R) Rules, 2023 and
grouped along with the qualification for 'Teachers'.
116. This is evident from a conjoint reading of Rule 28 of the
TNPS(R) Rules, 2023 with Annexure IV-A and the definition of
“Teacher” in Rule 2(1)(j) of the TNPS(R) Rules, 2018. Rule 2(1)(j) of the
TNPS(R) Rules, 2018 is reproduced below:-
“2. Definitions. - (1) In these rules, unless the context
otherwise requires,-
(j) “Teacher” means a person possessing the minimum
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
qualifications as prescribed in Annexure IV-A and employed
in a private school for the purpose of imparting education to
the pupils and includes the Headmaster.”
117. For the sake of clarity, Rule 28(2) of the TNPS(R) Rules, 2023
is also reproduced below:-
SUMMARY OF THE DECISION:-
118. Thus, there is a clear delineation under the 1974 Rules. The
qualifications are relevant to fix the category to which a particular person
can be pigeon holed i.e., whether as a “Teachers” or as “Other persons”
i.e., as “Non Teaching Staff” in the matter of appointments under the
respective Rules.
119. The post of a “Vocational Instructor (General Machinist)”
has neither been categorized along with the post of a “Teacher” in Table I,
Table IV to Annexure – V of the 1974 Rules or under Annexure V-A of
the 1974 Rules nor along with the various post of “Non-Teaching Staff” in
Table III of Annexure – V of the 1974 Rules.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
120. Since, no specific method/procedure has been prescribed for
appointment of “Non Teaching Staff” and “Other Persons” under the
1974 Rules, the same has to be followed in the matter of appointment of
“Vocational Instructor” i.e., appointment is to be left to the management.
121. Since, under 1974 Rules, prior permission/approval from the
District Education Officer (DEO) in respect of pre-primary, primary and
middle school and from Chief Education Officer (CEO) in respect of High
School and Higher Secondary School etc, it cannot be insisted.
122. The criteria to be met is that the person should meet the
required qualifications provided in Table III to Annexure V and
Annexure V-B in the 1974 Rules to the post mentioned therein and the
appointment should not exceed the Teacher Pupil Ratio, presently, ‘Staff
Fixation’, sanctioned by the Director of School Education.
123. In this case, the Teacher-Pupil Ratio for the Academic Year
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
2018-2019 indicates that a post available for Vocational Teacher (Full
Time) in the General Machinist group is available.
124. The Appellants have also not brought any document to show
that the Teacher-Pupil Ratio was revised under Rule 15(1) of the 1974
Rules during the Academic Year 2017-2018. It is also not the case of
Appellants that the appointment of the 1st Respondent/Writ Petitioner in the
2nd Respondent School as ‘Vocational Instructor’ in the General Machinist
group was excess and was unwarranted. Therefore, as no procedure was
prescribed for appointment of ‘Vocational Instructors’ under the 1974
Rules, the Appellants are merely required to take note of the same.
125. In the present case, the previous incumbent viz., Mr.K.Siva
Prakasam who was working as Vocational Instructor (General Machinist)
had attained superannuation on 31.05.2017. The appointment of the 1st
Respondent/Writ Petitioner as a ‘Vocational Instructor’ was against a
permanent sanctioned post of Vocational Instructor.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
126. Therefore, it has to be held that the post of ‘Vocational
Instructor’ was a sanctioned post in the 2nd Respondent School. Therefore,
the 2nd Respondent School was entitled to appoint the 1st Respondent/Writ
Petitioner on account of the regular vacancy in terms of Rule 15(3) of the
1974 Rules.
127. Therefore, vacancy arising out of superannuation of the 41
previous incumbent viz., Mr.K.Siva Prakasam was correctly be filled by the
2nd Respondent School without the approval of the 4th Appellant.
128. The appointment of the 1st Respondent/Writ Petitioner as a
'Vocational Instructor' on 01.09.2017 in General Mechanics in the 2nd
Respondent School was proper. The fact also remains that the 1st
Respondent/Writ Petitioner continued to be in the service as a ‘Vocational
Instructor’ in the 2nd Respondent School for over a period of seven years.
Therefore, on this count also there is no justification in the stand of the
Appellants.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
129. There was no method prescribed for appointment of either the
“Other person” albeit “Non Teaching Staff” or the “Vocational Instructor’
in the 1974 Rules. Therefore, the post of “Vocational Instructor’ in the 1974
Rules was in a sense a standalone post in a school to expose students to the
practical side and no prior permission is required for the appointment of
'Vocational Instructor' in a private school as it is required for the post of
'Teachers' under the 1974 Rules.
130. In the light of the facts and circumstances of the present case
and also, in the light of the decision of the Hon’ble Supreme Court as well
as the decisions of the Division Bench of this Court and in the light of the
aforesaid decisions, the impugned order dated 21.03.2024 passed by the
Writ Court in W.P.No.9971 of 2021 allowing the writ petition does not
warrant any interference. Therefore, this Writ Appeal is liable to be
dismissed.
131. Accordingly, this Writ Appeal stands dismissed. No costs.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
Consequently, the connected miscellaneous petition is closed.
(R.S.K., J.) (C.S.N., J.)
09.05.2025
Neutral Citation: Yes / No
mrr/arb/msm
To:
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
1.The Secretary to Government,
School Education Department,
Fort St.George, Chennai – 9.
2.The Joint Director,
(Higher Secondary Vocational),
College Road, Chennai – 6.
3.The Chief Educational Officer,
Tiruvannamalai District.
4.The District Educational Officer,
Tiruvannamalai District.
5.The Correspondent,
Danish Mission Higher Secondary School,
Tiruvannamalai District.
R.SURESH KUMAR, J.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
and
C.SARAVANAN, J.
mrr/arb/msm
09.05.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 04:23:21 pm )
