Dismissed¶36

M.Manikandan v. the State of Tamil Nadu

Madras HC10 Jul 2025WP(MD)/13932/2019

Case brief

AI extract

What is this about?

Keywords: minority status; Minority Status Certificate; approval of appointments; teacher recruitment; non-teaching staff; writ of mandamus against statutory duty; statutory approval function; T.N.Recognized Private Schools Regulation Act,1973; Article 226 Constitution of India; Thoothukudi; CSI Thoothukudi Nazareth Diocese Caldwell Higher Secondary School; maintainability of writ petition; dismissal with no costs. Relevant for arguments on the limits of mandamus restraining education authorities from approving school appointments.

What did the court decide?

Under the scheme of the Schools Regulations Act, the statutory authorities are duty bound to approve any application submitted as per the existing rules and regulations. ¶32

M.Manikandan Vs the State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.13932 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.(MD) No.13932 of 2019

M.Manikandan

Petitioner

1 The State of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St.George, Chennai.

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

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3 The Chief Educational Officer, Si.Va.Govt. Hr.Sec.School Campus, Thoothukudi, Thoothukudi District.

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4 The District Educational Officer, Thoothukudi Educational District , Pudukottai,

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Thoothukudi District.

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5 The District Educational Officer, Thiruchendur Educational District, ASA Govt. Boys Hr.Sec.School Campus, Thiruchendur – 628 215,

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Thoothukudi District.

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Page 1 of 6

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

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6 The District Educational Officer, Kovilpatti Educational District , VOC Govt. Boys Hr.Sec.School Campus, Kovilpatti, Thoothukudi District.

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W.P.(MD) No.13932 of 2019

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7 The Manager, High School, Higher Secondary School, Teacher Training Institute and Special CSI Thoothukudi Nazareth Diocese Caldwell Higher Secondary School Campus, Beach Road, Thoothukudi -628 001. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents No. 2 to 6 not to approve the appointments made by the respondent No.7 until the Minority Status Certificate of the Schools concerned is produced by the respondent No.7 and consequently to direct the Respondent No.7 to fill up the vacant posts by following the provisions of the T.N.Recognized Private Schools Regulation Act,1973.

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For Petitioner : Mr.S.Louis

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For Respondents 1 to 6 : Mr.N.Sathish Kumar, Addl. Govt. Pleader.

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_____________ Page 2 of 6_

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

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W.P.(MD) No.13932 of 2019

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ORDER

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The petitioner seeks a mandamus, directing the official

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respondents not to approve the appointments made by respondent No.7 until the Minority Status of respondent No.7 i.e., the Management of CSI Thoothukudi Nazareth Diocese Schools is proved.

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The petitioner claims himself as a non-minority person and though he possesses requisite qualification for appointment as a teaching or non-teaching staff with the seventh respondent, he has not been given an opportunity to participate in the recruitment process. Hence, he has come forward with a novel prayer that the authority shall not approve any of the appointments made by respondent No.7.

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Under the scheme of the Schools Regulations Act, the authorities are statutorily duty bound to approve any application submitted as per the existing rules and regulations. The petitioner has sought a mandamus, seeking prohibition of the statutory authorities from exercising their statutory duty, which is not permissible. In view of the same, this Writ Petition could not be entertained.

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_____________ Page 3 of 6_

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

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W.P.(MD) No.13932 of 2019

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Accordingly, this Writ Petition stands dismissed. No costs.

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Consequently, the connected W.M.P.(MD) No.10415 of 2019 is closed.

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10.07.2025

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

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dixit

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To:

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1 The State of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St.George, Chennai.

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

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3 The Chief Educational Officer, Si.Va.Govt. Hr.Sec.School Campus, Thoothukudi,

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Thoothukudi District.

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Page 4 of 6

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

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4 The District Educational Officer,

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W.P.(MD) No.13932 of 2019

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Thoothukudi Educational District ,

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Pudukottai,

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Thoothukudi District.

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5 The District Educational Officer,

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Thiruchendur Educational District,

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ASA Govt. Boys Hr.Sec.School Campus,

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Thiruchendur – 628 215,

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Thoothukudi District.

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6 The District Educational Officer, Kovilpatti Educational District , VOC Govt. Boys Hr.Sec.School Campus, Kovilpatti, Thoothukudi District.

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Page 5 of 6

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

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W.P.(MD) No.13932 of 2019

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K.RAJASEKAR, J.

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dixit

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W.P.(MD) No.13932 of 2019

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10.07.2025

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_____________ Page 6 of 6_

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

M.Manikandan v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.Manikandan v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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