Dismissed

The Government of Tamil Nadu v. Sr Josephin Sobi Mole

Madras HC23 Oct 2024WA(MD)/2062/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed the Writ Appeal challenging the Single Judge's order granting approval of appointment contingent upon the Corporate Management proving to the Chief Educational Officer that no surplus teachers exist at the school.

What did the court decide?

The Writ Appeal stands dismissed. No order as to costs. The connected miscellaneous petition is closed.

The Government of Tamil Nadu Vs Sr Josephin Sobi Mole — Service and Employment | Madras HC (2024)

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W.A.(MD)No.2062 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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and

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.A.(MD)No.2062 of 2024

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and

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C.M.P.(MD)No.14724 of 2024

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1.The Government of Tamil Nadu,

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Represented by its Additional Chief Secretary,

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Department of School Education,

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Fort St. George, Chennai – 600 009.

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2.The Director of School Education,

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DPI Campus, College Road,

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Chennai – 600 006.

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3.The Chief Educational Officer,

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The Office of the Chief Educational Officer,

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Madurai.

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4.The District Educational Officer,

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The Office of the District Educational Officer,

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Thirumangalam, Madurai.

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Now changed as:

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The District Educational Officer,

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The Office of the District Educational Officer,

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Madurai. : Appellants

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

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1/5

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W.A.(MD)No.2062 of 2024

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Vs.

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1.Sr.Josephin Sobi Mole

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2.The Correspondent,

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St.Anne's Girls Higher Secondary School, P.T.C. Post, Perungudi,

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Madurai – 625 022. : Respondents

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 20.12.2023 in W.P.(MD)No. 30368 of 2023 on the file of this Court.

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For Appellants : Mr.S.P.Maharajan

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Special Government Pleader

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For Respondent No.1 : Mr.Fr.S.Savarimuthu

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for M/s.Father Xavier Associates For Respondent No.2 : Mr.A.Anbarasan

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JUDGMENT

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[ Judgment of the Court was delivered by R.SUBRAMANIAN, J.]

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Challenge is to the order of the learned Single Judge made in W.P.(MD)No.30368 of 2023 dated 20.12.2023.

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2. The approval sought for was rejected on the ground that

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there are surplus teachers in the school concerned. When this was put to challenge, all that the Writ Court has done is directing the

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

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2/5

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W.A.(MD)No.2062 of 2024

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Corporate Management to approach the third appellant namely the Chief Educational Officer, Madurai with all particulars and to indicate before him that there is no surplus. If third respondent comes to the conclusion that there is no surplus, he was directed to approve the appointment of the writ petitioner / first respondent.

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3. We see no reason as to why this judgment is under challenge. Once it is found that there are no surplus within the Corporate Management, then the writ petition / first respondent herein will be automatically entitled to approval of his appointment. In view of the same, this Writ Appeal fails.

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4. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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[R.S.M.,J.] & [L.V.G.,J.] 23.10.2024

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Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR

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

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W.A.(MD)No.2062 of 2024

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1.The Additional Chief Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai – 600 009.

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2.The Director of School Education, DPI Campus, College Road, Chennai – 600 006.

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3.The Chief Educational Officer, The Office of the Chief Educational Officer, Madurai.

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4.The District Educational Officer,

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The Office of the District Educational Officer, Thirumangalam, Madurai. Now changed as: The District Educational Officer, The Office of the District Educational Officer, Madurai.

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

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W.A.(MD)No.2062 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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JUDGMENT MADE IN W.A.(MD)No.2062 of 2024

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23.10.2024

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

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The Government of Tamil Nadu v. Sr Josephin Sobi Mole

Case brief

What is this about?

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The Government of Tamil Nadu v. Sr Josephin Sobi Mole

Case brief

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