The Division Bench dismissed appeals by the Tamil Nadu Government challenging a Single Judge order. The Court affirmed that previously sanctioned posts in minority schools cannot be resumed by the State upon vacancy and held the appointments cannot be quashed.
The writ appeals were dismissed; connected civil miscellaneous petitions were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2019 CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.A.Nos.887 and 888 of 2018 and C.M.P.Nos.7732 and 7733 of 2018
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government,
School Education Department,
Fort St. George,
Chennai - 600 009.
2.The Joint Director of School Education,
(Higher Secondary School),
College Road, Chennai - 600 006.
3.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Thakkalai,
Kanyakumar District. ... Appellants
in both WAs
vs.
1.P.Vivekanandan
Vocational Instructor,
Arunachalam HIgher Secondary School,
Thiruvettar Post,
Kanyakumari District. ... Respondent
in WA.No.887/2018
1.C.Jose Waltine,
Vocational Instructor,
Arunachalam HIgher Secondary School,
Thiruvettar Post,
Kanyakumari District. ... Respondent
in WA.No.888/2018
2.The Correspondent,
Arunachalam HIgher Secondary School,
Thiruvettar Post,
Kanyakumari District. ...2 nd Respondent
in both WAs.
Prayer: Writ Appeals are filed under Clause 15 of the Letters Patent, against the order made in W.P.Nos.18516 and 18517 of 2010, dated 24.10.2017.
Common Prayer in W.P.No. 18516 & 18517/2010: Petition filed to issue a Writ of Certiorarified Mandamus Calling for the records relating to the order of the 2nd respondent passed in Na.Ka.No.106533/VI/E3/2009 dated 22.12.2009, quash the same and consequently direct the respondents 1 to 4 to approve the petitioner's appointment as Vocational Instructor at the 5th respondent school with effect from 11.8.2004 and 02.06.2003 respectively end pay them salary and other benefits.
For Appellants : Mr.C.Munuswamy Special Government Pleader (Education)
For Respondents: Ms.P.Mahalakshmi For Caveat
COMMON JUDGMENT (Judgment of the Court was made by SUBRAMONIUM PRASAD, J)
The Government of Tamil Nadu, is challenging the order dated 24.10.2017, passed by the learned Single Judge in W.P.Nos.18516 and 18517 of 2010.
"Thiru.P.Vivekananthan and Josewaltin were appointed as part time vocational Instructors by the school authorities of Arunachalam Higher Secondary School, Thiruvattar Kanyakumari District. They filed Writ Petition Nos.21508/09 and 21509/09 before the Madras High Court praying to issue directions to the second respondent Joint
Director (Vocational Education) to consider their application dated 23.07.2009 and to approve their appointment. The writ petitions were allowed and in the order dated 22.10.2009, referred above as reference No.1 the Hon'ble High Court directed the second respondent, the Joint Director, (vocational Education) to consider the application of the writ petitioners and pass appropriate orders regarding their appointment.
The application of the petitioners dated 23.07.2009 was considered as per the directions of the Madras High Court and the notes of the Nagercoil Chief Educational Officer.
Thiru P. Vivekanthan and Thiru Josewaltin were appointed in the retired place of vocational instructors in the Arunachalam Higher Secondary School and vocational Education at Thiruvattar, Kanyakumari District. The Chief Educational Officer, Nagercoil in his Letter OMU No:3785/A2/05 dated 15.10.2005 categorically stated that the said appointment shall not be approved. The Chief Educational Officer, Nagercoil has also stated that for the said two appointments, prior permission was not obtained from the Director of School Education.
The vocational Instructor is to be appointed from the part time vocational instructors considering the state wide seniority and after obtaining prior permission from the Government. The said posts not allotted to the school. If the instructor retires, resigns, dies or left for another job, the said post is to be surrendered to the Department. On any account the school authorities have no right to appoint a person in such posts and it was duly informed by the office as per Naka No:115506/W26/2002 dated 28.08.2003.
Hence for the reasons stated above, Thiru P.Vivekanathan and Jose Waltin appointed by the said High Secondary School as part time vocational instructors cannot be approved and the Chief Educational Officer, Nagercoil in his letter dated 15.10.2005 has categorically stated in. So also as per the Proceedings Na.Ka.No:115506/W26/2002 dated 28.08.2003 the application to approve the posts of the vocational Teachers cannot be accepted and this is for your information."
"4.The issue as to whether a person appointed in a sanctioned post by a minority school can be denied approval of appointment was considered by a Division Bench of this Court in W.A.(MD) No.16 of 2011, dated 25.1.2011, wherein in paragraph Nos. (3) to (5), it is held thus:-
along with the post could be transferred/deployed to a needy school. The same is the view taken by the learned Single Judge in this case by relying upon the various other judgments.
(4) The learned counsel for the first respondent also submitted that an identical case was allowed by the learned Single Judge in W.P.No.7218 of 2008 by order dated 4.8.2009 and without filing an appeal against the said order, the said order was implemented by the very same second appellant in this appeal by order dated 18.9.2009.
(5) The said fact is also not disputed by the learned Special Government Pleader appearing for the appellants.
//True Copy//
dm
TO
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government,
School Education Department,
Fort St. George,
Chennai - 600 009.
2.The Joint Director of School Education,
(Higher Secondary School),
College Road, Chennai - 600 006.
3.The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Thakkalai,
Kanyakumar District.
+2cc to Mr.P.Mahalakshmi, Advocate, S.R.No. 227
+1cc to the Government Pleader, S.R.No. 1044
W.A.Nos.887 and 888 of 2018
and
C.M.P.Nos.7732 and 7733 of 2018
NRI(CO)
GN(05/02/2019)
2 issues framed by the court
Whether the State Government was empowered to resume sanctioned posts in minority schools upon the death or resignation of appointees.
Whether approval can be denied for appointments made in sanctioned posts by minority schools who failed to obtain prior permission.
Colour shows how this judgement treated each authority
State of Tamil Nadu and others vs. The Correspondent, St.Joseph's Malankara Shyrian Catholic Higher Secondary SchoolFollowed¶26
W.A.(MD).No.652 of 2013
UnreportedDistinguished¶28
W.A.(MD) No.16 of 2011
UnreportedDistinguished¶29
W.A.No.1263 of 2001
Government of Tamil Nadu
Joint Director of School Education
Chief Educational Officer, Nagercoil
District Educational Officer, Thakkalai
P. Vivekanandan
C. Jose Waltine
S. MANIKUMAR
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
