The Director of School Education Vs S John Subash

PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 09.08.2024 in W.P.(MD)No.23109 of 2023 on the file of this Court.

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For Appellants : Mr.S.Venkatesh, Counsel for State For Respondents : Mr.S.Xavier Rajini for R1

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JUDGMENT

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[Judgment of the Court was made by N.SATHISH KUMAR, J.)

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The present Writ Appeal has been preferred challenging the order

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dated 09.08.2024 passed by the learned Single Judge in W.P.(MD)No.23109 of 2023.

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2. The said Writ Petition was filed seeking a direction to the

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respondents to approve the appointment of the petitioner as Director of Physical Education (Grade II) in the fourth respondent school with effect

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

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W.A(MD)No.726 of 2025

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from 29.06.2022 and to disburse grant-in-aid towards salary and other attendant monetary benefits. The Writ Petition was allowed. Aggrieved by the same, the present Writ Appeal has been filed.

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3. The learned counsel appearing for the first respondent / writ petitioner submits that, in the entire Corporate Management, only one post of Director of Physical Education is available and that the first respondent / writ petitioner has been appointed against the said post.

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4. The aforesaid submission made by the learned counsel for the first respondent / writ petitioner is not disputed by the learned counsel appearing for the appellants.

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5. It appears that only one post of Director of Physical Education is available in the entire Corporate Management and that the first respondent / writ petitioner has been appointed against the said post. It is well settled that, where only a single post is available in the entire Corporate Management,

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W.A(MD)No.726 of 2025

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the question of student strength would not arise for consideration. In such circumstances, there is no impediment for the appellants to approve the appointment of the first respondent / writ petitioner. This Court finds no infirmity in the order passed by the learned Single Judge warranting interference in this appeal.

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6. In light of the above, the appellants are directed to approve the appointment of the first respondent / writ petitioner within a period of one (1) week from the date of receipt of a copy of this judgment. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is dismissed.

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[N.S.K.,J.] [P.B.B.,J.] 18.06.2026 NCC : Yes / No Index : Yes / No Speaking / Non-speaking order mbi

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W.A(MD)No.726 of 2025

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To

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1.The Director of School Education, College Road, Chennai - 600 006.