Dismissed

The Director Of Elementary Education v. B George

Madras HC3 Dec 2024WA(MD)/1555/2024

Case brief

AI extract

What is this about?

The Madras High Court dismissed a writ appeal filed by education officers against the single judge's order approving a teacher's appointment in a minority school despite surplus teachers in the corporate management. The appeal was rejected by citing earlier precedents.

What did the court decide?

The Writ Appeal has been dismissed and the order of the learned Single Judge is confirmed. No order as to costs.

The Director Of Elementary Education Vs B George — Education and Admissions | Madras HC (2024)

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WA(MD)No.1555 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.12.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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WA(MD)No.1555 of 2024 and

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CMP(MD)Nos.12231 of 2024

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1.The Director of Elementary Education, College Road, Chennai-600 006.

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2.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

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3.The Block Educational Officer, Mandapam at Mandapam camp, Ramanathapuram District. ... Appellants

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vs.

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B.George

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The Correspondent, St.Mary's Primary School, Olaikuda, Rameswaram-623 529, Ramanathapuram District.

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... Respondents

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Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 15.03.2024 made in W.P(MD)No.20501 of 2022.

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For Appellants : Mr.J.Ashok, Additional Government Pleader For R1 : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers

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https://www.mhc.tn.gov.in/judis

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Page No.1 of 4

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WA(MD)No.1555 of 2024

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JUDGMENT

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( Judgment of the Court was made by M.S.RAMESH, J.)

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The present Writ Appeal has been filed challenging the order passed by the learned Single Judge in W.P(MD)No.20501 of 2022 dated 15.03.2024.

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On the ground that there are surplus teachers in the corporate management of the 2^nd respondent's school, their request for approval of the appointment of the 1^st respondent has been rejected, which order was put to challenge before the learned Single Judge.

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By placing reliance on the decision of the Co-ordinate Bench of this Court in a batch of cases in the case of the Secretary to Government, Government of Tamil Nadu School Education Department, Fort St.George, Chennai – 9 Vs. Iruthaya Amali [W.A.(MD).No.76 of 2019 etc., batch dated 31.03.2021], the learned Single Judge had allowed the Writ Petition and directed the appellants to approve the appointment of the 1^st respondent as a Secondary Grade Teacher. The order of the Writ Court is assailed in this intracourt appeal.

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https://www.mhc.tn.gov.in/judis

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Page No.2 of 4

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WA(MD)No.1555 of 2024

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The issue as to whether the educational authorities are empowered to

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reject the approval of appointment of a teacher in a minority school on the ground that there are surplus teachers in the other schools in the corporate management, has already been dealt with by this Court in several decisions including the decision in Iruthaya Amali 's case . One such decision was by a coordinate Bench of this Court in the case of the Chief Educational Officer, Tirunelveli District and another Vs. A.X.Mino and another passed in W.A. (MD).No.1855 of 2024 dated 16.10.2024 . By placing reliance upon the decision in Iruthaya Amali 's case, the learned Single Judge had held that the educational authorities cannot reject the application seeking for approval of appointments on this ground. In this background, we do not find any reason to interfere with the order of the learned Single Judge and the same stands confirmed.

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