The Government appealed against an order directing the approval of a teacher's appointment, claiming surplus staff. The Court found no surplus teachers existed based on a prior order, and dismissed the appeal.
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.
W.A(MD)No.1558 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1558 of 2024 and
C.M.P.(MD)No.12238 of 2024
-vs-
1.K. Jeya Sheela ... Respondent / Writ Petitioner
PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 14.12.2023 passed in W.P.(MD)No.20566 of 2023.
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W.A(MD)No.1558 of 2024
For Appellants : Mr.S.P.Maharajan, Special Government Pleader For R-1 : Mr.S. Chellapandian
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The Government is on appeal. The challenge is to the order of the learned Single Judge, directing the authorities to approve the appointment of the 1st respondent herein as a Secondary Grade Teacher in the 2nd respondent school. The claim for a Mandamus was opposed by the department, contending that there are 30 surplus teachers in the management and therefore a Mandamus cannot be issued unless the surplus teachers are deployed. This Court had as early as on 20.03.2018 in the order made in W.A.(MD)Nos. 471 to 475 of 2018 found that the corporate management, namely, the 2nd respondent had redeployed all the surplus teachers and as on the date of the order, that is, on 20.03.2018, there were no surplus teachers in the 2nd respondent management. In view of the above, we do not see any reason to entertain the writ appeal.
[R.S.M., J.] [L.V.G., J.] 13.09.2024
NCC :Yes/No Index :Yes/No Internet: Yes Sml
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W.A(MD)No.1558 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.A(MD)No.1558 of 2024
13.09.2024
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1 issue framed by the court
Whether the Department was justified in opposing the appointment of the respondent as a teacher on the ground of surplus teachers?
Colour shows how this judgement treated each authority
W.A.(MD)Nos. 471 to 475 of 2018Relied on¶26
The Director of Elementary School Education D.P.I. Compound, College Road, Chennai
The Chief Educational Officer, Tenkasi District, Tenkasi
The District Educational Officer (Elementary) Tenkasi District, Tenkasi
The Block Educational Officer, Keelapavur Range, Tenkasi District
K. Jeya Sheela
The Correspondent, T.D.T.A.Middle School, Adaikalapattanam, Tenkasi District
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
