The Secretary Vs The State of Tamil Nadu

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned proceedings issued by the 4^th respondent CEO in Moo.Mu.No. 686/a5/2021 dated --.04.2021 in so far the 6^th condition is concerned and the consequential proceedings of the 5^th respondent DEO in O.Mu.No. 4180/a4/2022 dated --.09.2022 refusing approval to the appointment of P.Sasikala as Vocational Instructor in Computer, quash the same and further direct the respondents herein to approve forthwith the appointment of P.Sasikala as Vocational Instructor in Computer w.e.f. the date of her appointment viz., 01.06.2022 with salary and all attendant benefits.

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For Petitioner : Ms.A.Amala For Respondents : Mr.S.Shaji Bino Special Government Pleader

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O R D E R

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The issue involved in this writ petition is whether in respect of a sanctioned post, a Teacher, who was appointed in the sanctioned post had retired, the Non-Minority Institution is entitled to seek permission for filling up the vacant post, despite the fact that the Government has subsequently declared the said post as abolished.

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2. In the case on hand also, the petitioner – School is a NonMinority Institution. The post of Vocational Instructor in the petitioner – School is also a sanctioned post. The Vocational Instructor, who was earlier working in the petitioner – School, has voluntarily retired from service. Through their application, the petitioner – School sought for permission from the respondents to seek replacement of the Vocational Instructor, who has voluntarily retired from service in the petitioner – School, which has been rejected under the impugned orders passed by the respondents 4 and 5.

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3. A counter has been filed by the respondents reiterating the contents of the impugned orders. According to the respondents, since the post of Vocational Instructor has been abolished, the question of granting

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permission for the petitioner – School to appoint Vocational Instructor does not arise.

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4. The very same issue was the subject matter of consideration by this Court in W.P.(MD) Nos.487 of 2020 and 26277 of 2019, in the case of the Secretary, Charrm Bharathi Higher Secondary School, Kadayam-627 415, Tirunelveli District vs. The State of Tamil and others , wherein, based on the Division Bench Judgment dated 24.09.2025, passed in W.A.No. 506 of 2020, in the case of State of Tamil Nadu vs. The Correspondent, St.Josephs Girls Higher Secondary School , this Court by a common order dated 06.10.2025 allowed the writ petitions. By allowing the said writ petitions, the Non-Minority Institution was permitted to fill up two posts of Vocational Instructior in their School, as this Court held that once the post of Vocational Instructor is a sanctioned post, for any Non-Minority Institution, they cannot be prevented from seeking replacement for the said post, once the earlier Vocational Instructor retired from service. In the case on hand as well, the petitioner - School is a Non-Minority Institution and they are seeking prior permission only to fill up the vacancy for the post of Vocational Instructor on account of the fact that the earlier Vocational Instructor in their School had

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voluntarily retired from service. For the foregoing reasons, this Court has to necessarily allow this writ petition.

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5. Accordingly, this writ petition is allowed and the impugned orders dated .....04.2021, passed by the fourth respondent, and dated ...... 09.2022, passed by the fifth respondent, are hereby quashed and this writ petition is allowed by directing the petitioner to submit a fresh proposal to the fourth respondent seeking prior permission to appoint P.Sasikala as Vocational Instructor in Computer, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said proposal, the fourth respondent shall grant approval for the petitioner – Institution to appoint P.Sasikala as Vocational Instructor in Computer, from the date of her appointment, by passing final orders, within a period of twelve weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

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17.11.2025

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

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krk

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W.P.(MD) No.24287 of 2022