Writ appeal by the Directorate of School Education against approval of an appointment of a Vocational Teacher to a post abolished by G.O.Ms.No.9. Following the Madurai Bench judgment in W.A.No.532 of 2019 batch, the court set aside the writ order and allowed the appeal.
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.
2026:MHC:139
W.A.No.992 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2026
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.No.992 of 2020 and
C.M.P.No.12152 of 2020 C.M.P.No.& 27466 of 2025
...Appellants
Vs.
W.A.No.992 of 2020
Prayer:
Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order of this Court in W.P.No.9539 of 2019 dated 23.01.2020.
For Appellant : Mr.U.M.Ravichandran Spl.Govt. Pleader For Respondents : Dr.Father.Xavier Arulraj, Senior Counsel for Mrs.A.Arulmary for M/s.Father Xavier Associates for R1 Fr.S.Savarimuthu for R2
J U D G M E N T
S.M.SUBRAMANIAM,J.
The writ order dated 23.01.2020 passed in W.P.No.9539/2019 is
sought to be assailed in the present writ proceedings.
Directorate of School Education on the ground that the 1st respondent was appointed by the 2nd respondent School as a Vocational Teacher (Accountancy & Auditing) on 05.11.2014 in the vacancies that arose due to
the retirement of an incumbent. Proposal was submitted seeking approval
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of appointment. It was rejected by the competent authority mainly on the ground that the post of Vocational Teacher was abolished by the Government and therefore, the said post cannot be filled by the 2nd respondent School.
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a position to approve such appointment nor obligated to pay grant in aid.
After abolition of the post of Vocational Instructor, no appointment can be
made nor appointment made irregularly can be approved.
dated 06.01.2009 is no more res integra. The Division Bench of the Madurai
Bench of Madras High Court in a batch of Writ Appeals in W.A.No.532 of
2019 etc. batch, elaborately considered the issues and delivered a
judgment on 09.06.2025 and the relevant paragraphs are extracted hereunder.
16. As far as the Vocational Teachers appointed after G.O.Ms.No.9,
School Education (VE) Department, dated 06.01.2009, their services are not
protected. In fact, these Vocational Teachers were appointed in the
vacancies that arose on account of the retirement, death or resignation of
the Vocational Instructors, who were in service. Thus, their appointments
cannot be protected since the post of Vocational Instructors came to be
abolished from the date on which G.O.Ms.No.9 was issued ie., on
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06.01.2009. If any such appointments were made, it must be with the prior
permission of the Government. If such permission was granted by the
Education Department, then those cases can be protected. However, all
other appointments made to the post of Vocational Instructors after issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009, are not protected and the Government is not obligated to approve these appointments and grant aid.
17.In respect of individual cases falling within the ambit of the principles considered by this Court in the aforementioned paragraphs, those individuals if they are otherwise eligible and falling within the eligible category, then they are at liberty to approach the authorities. In all other cases where appointments are made to the Vocational Instructors post after issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009, approval of appointments cannot be claimed as a matter of right.
18.It is made clear that if those Vocational Instructors appointed prior to G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 are qualified, appointed in the sanctioned post and eligible as per Rules, their proposals are to be considered in accordance with Act and Rules.
19.In fine, the writ orders impugned are set aside and the Writ Appeals stand allowed. There shall be no as to costs. Consequently,
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connected Miscellaneous Petitions are closed.
are closed.
(S.M.S.,J.) (C.K.,J.) 08.01.2026
vsi Index:Yes/No Speaking/Non-speaking order Neutral citation
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S.M.SUBRAMANIAM,J. and C.KUMARAPPAN,J.
Vsi
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1 issue framed by the court
Whether the appointment of a Vocational Teacher in 2014 to a post abolished by G.O.Ms.No.9 dated 06.01.2009 can be approved by the Government.
Colour shows how this judgement treated each authority
W.A.No.532 of 2019 etc. batchFollowed¶6
1 provisions across 1 enactments
The Director of School Education
The Joint Director of School Education (Vocational)
The Chief Educational Officer, Kanchipuram
The District Educational Officer, Chengalpattu
The District Educational Officer, St.Thomas @ Chrompet, Chennai
E.SaraL
S.M.Subramaniam
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
