the Government of Tamilnadu Vs M.Rosario Kayalvizhi

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.15635 of 2023 dated 15.02.2024 on the file of this Court.

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For Appellants : Mr.C.Venkateshkumar, Spl. Government Pleader.

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JUDGMENT (By G.R.SWAMINATHAN, J.)

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This writ appeal has been filed by the State questioning the order dated 15.02.2024 made in W.P.(MD)No.15635 of 2023 filed by the first respondent herein. The learned Single Judge disposed of the said writ petition in the following terms:-

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“7.The contention of the learned Government Advocate for the return of the proposal is that there had been a direction by the Government to all the respondent authorities not to approve any appointment of teachers in any of the Private Aided Schools receiving Grant in Aid from the Government, pursuant to the interim order passed by the Hon'ble Division Bench of this Court in W.A.(MD)No.76 2019 & batch is not sustainable for the reason that the impugned order came to be passed on 05.05.2022, that is, well after the disposal of the said W.A.(MD)No.76 2019 & batch, that is,

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

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W.A.(MD)No.1604 of 2025

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on 31.03.2021. However, without following the directions in the compendium of the aforesaid Writ Appeal judgment, relying upon the interim order which was passed by the Hon'ble Division Bench in the said Writ Appeal, the 4th respondent has passed the impugned order.

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8.In view of the same, I hereby quash the impugned order dated 05.05.2022 and direct the respondents to remand back the file to the 4th respondent and accord approval to the appointment of the petitioner, if otherwise qualified.”

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2.The first respondent herein was appointed as B.T.Assistant (Maths) in the fifth respondent school on 19.07.2021. The learned Special Government Pleader submitted that the appointment of the writ petitioner was approved with effect from 01.08.2023.

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3.Recording the said fact, this writ appeal is disposed of. No further order is required in this writ appeal. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (K.R.S. J.,) 24.06.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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

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W.A.(MD)No.1604 of 2025

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