Petitioner challenged rejection of her appointment as B.T. Assistant Tamil in an aided minority school. Court held the appointment was unnecessary due to surplus secondary grade teachers in the school. Rejected petition.
Writ petition dismissed; connected miscellaneous petitions 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.
W.P.No.3349 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.3349 of 2020 and W.M.P.Nos.3886 & 3887 of 2020
J.Deva Kirubai ... Petitioner
Vs.
Block Educational Officer, Polur.
ALC Central Office, 9 ALC Campus, Cuddalore. ... Respondents
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W.P.No.3349 of 2020
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Cetriorarified Mandamus, calling for the records of the fourth respondent in proceeding No.Na.Ka. No.2949/R2/2016 dated 31.12.2016 and quash the same, consequently direct the respondents to grant approval to the petitioner in the post of BT Assistant Tamil with effect from 16.11.2016, with all consquential service and monetary benefits.
For Petitioner : Ms.Suneetha For Respondents For R1 to R4 : Mr.V.Manoharan Additional Government Pleader
ORDER
This writ petition has been filed challenging the order dated
31.12.2016 passed by the fourth respondent, thereby returned the
proposal for approval of the appointment of the petitioner in the post of B.T. Assistant Tamil.
The petitioner was appointed in the fifth respondent school as B.T. Assistant Tamil with effect from 16.11.2016 in the place of one S.Sathya Porkodi Deiva Selvi, Secondary Grade Teacher who had expired. The fifth respondent school fully aided minority institution. Prior to 01.04.2003, the classes 6 to 8 in the middle school were being taught by
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W.P.No.3349 of 2020
Secondary Grade Teacher. The government took a policy decision that
any vacancy arising in classes 6 to 8 middle school shall only be filled up
by B.T. Assistant and not Secondary Grade Teacher.
perused the materials placed before this Court.
the learned counsel appearing for the respondent revealed that the staff fixation report for the year 2015-16 reads as follows :-
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W.P.No.3349 of 2020
| Standard | Student Strength | Total Eligible Post |
|---|---|---|
| 1-5 | 138 | 4 Secondary Grade Teacher (with reference to G.O.Ms.525 School Education Department dated 29.02.1997 – 4 teachers are needed for the student strength between 106-135) |
| 6 | 45 | 4-BT Assistant Posts (with reference |
| 7 | 38 | to G.O.Ms.525 School Education Drtmnt dtd 29021997 – |
| 8 | 47 | epae ae .. teachers are needed for the student |
| Total | 130 | strength between 106-140) |
| Sanctioned Post | Eligible Post | Surplus post with teacher to be deployed to the needy schools |
|---|---|---|
| Tamil – 0 | Tamil – 0 | Tamil – 0 |
| English – 1 | English – 1 | English – 0 |
| Maths – 1 | Maths – 1 | Maths – 0 |
| Science – 2 | Science – 1 | Science – 1 |
| Social Science – 1 | Social Science – 1 | Social Science – 0 |
| Secondary Grade Teacher – 10 |
Secondary Grade Teacher – 4 |
Secondary Grade Teacher – 6 |
Teachers were working in the school in which, one B.T Assistant and six Secondary Grade Teachers were working in the surplus post. There are
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W.P.No.3349 of 2020
two Secondary Grade Teachers who had completed graduate degree in Tamil and as such the appointment of the petitioner is completely unnecessary and the proposal of her appointment was rightly returned by the fourth respondent. This Court finds no infirmity or illegality in the order passed by the fourth respondent and the writ petition is devoid of merits and liable to be dismissed.
Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.
20.08.2024
Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No
rts
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W.P.No.3349 of 2020
G.K.ILANTHIRAIYAN. J,
rts
To
Block Educational Officer, Polur.
ALC Central Office, 9 ALC Campus, Cuddalore.
W.P.No.3349 of 2020 and W.M.P.Nos.3886 & 3887 of 2020
20.08.2024
Page 6 of 6
2 issues framed by the court
Whether the letter of appointment of the petitioner as B.T. Assistant Tamil in an aided minority school should be approved despite surplus staff in the same post.
Whether the educational department's decision to reject the appointment proposal due to surplus teachers in the same school was legal and free from infirmity.
J.Deva Kirubai
The State of Tamil Nadu Rep. by its Secretary, Education Department
The Director of Elementary Education
The District Educational Officer, Thiruvannamalai
The Additional Assistant Elementary Education Officer
The Central Manager/Education Board, Arcot Lutheran Church
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
