School management sought review of the Division Bench order allowing the State's appeal against approval of a teacher appointed to an unsanctioned post. The court held merits cannot be re-adjudicated in review and dismissed the application.
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.
Rev.Aplc(MD)No.141 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Rev.Aplc(MD)No.141 of 2025 in W.A.(MD)No.705 of 2020
Adi Dravidar Primary School, Represented by its Secretary S.Krishnasamy, South Thittankulam, Kovilpatti - 628 502, Thoothukudi District.
...Petitioner/Respondent
Vs.
1.Director of Elementary Education, D.P.I Compound, College Road, Nungambakkam, Chennai - 600 006.
2.District Elementary Educational Officer, Thoothukudi District, Thoothukudi.
3.Additional Assistant Elementary Educational Officer, Kovilpatti, Thoothukudi District. ... Respondents/Appellants
PRAYER: Review Application is filed under Order 47 Rule 1 of C.P.C., to review the order passed in W.A.(MD)No.705 of 2020, dated 18.06.2024, (pronounced on 19.07.2024) for the following among other grounds.
For Petitioner : Mr.B.Satheshkumar
For Respondents : Mr.J.Ashok Additional Government Pleader * * * * *
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Rev.Aplc(MD)No.141 of 2025
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The present review application has been filed, seeking to review the order
of this Court dated 19.07.2024 made in W.A(MD)No.705 of 2020.
2.The grounds raised in the present review application relating to merits cannot be considered, since re-adjudication of merits in the review application is impermissible. Scope of review cannot be expanded for the purpose of considering the grounds for appeal. In the present case, the Teacher was appointed by the Management in the absence of sanctioned post. The Education Department has also not approved her appointment. Under those circumstances, this Court has allowed the appeal filed by the State by setting aside the order of the Writ Court. Since there is no error apparent established by the review petitioner, we are not inclined to entertain the present Review Petition. Accordingly, this Review Petition stands dismissed. No costs.
[S.M.S., J.] [L.V.G., J.] 25.07.2025
Index:Yes/No Internet:Yes/No NCC:Yes/No
RJR
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Rev.Aplc(MD)No.141 of 2025
S.M.SUBRAMANIAM, J. and L.VICTORIA GOWRI, J.
RJR
To
1.The Director of Elementary Education, D.P.I Compound, College Road, Nungambakkam, Chennai - 600 006. 2.The District Elementary Educational Officer, Thoothukudi District, Thoothukudi.
3.The Additional Assistant Elementary Educational Officer, Kovilpatti, Thoothukudi District.
Rev.Aplc(MD)No.141 of 2025 in W.A.(MD)No.705 of 2020
25.07.2025
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1 issue framed by the court
Whether grounds of merits raised in a review application can be re-adjudicated when no error apparent on the face of the record is shown.
1 provisions across 1 enactments
Adi Dravidar Primary School, represented by its Secretary S.Krishnasamy
Director of Elementary Education
District Elementary Educational Officer, Thoothukudi District
Additional Assistant Elementary Educational Officer, Kovilpatti
S.M.Subramaniam
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
