Madras High Court
Hindu Nadar Uravinmurai Committee ... vs The Director Of School Education on 17 March, 2025
W.P.(MD) No.16845 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reserving the Order Date of Pronouncing the Order
10.11.2025 09.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.16845 of 2025
Hindu Nadar Uravinmurai Committee Higher Secondary School,
Through its Secretary/Correspondent,
T.Thangaraj,
T.N.Pudhukudi, Puliyankudi,
Tenkasi District. ... Petitioner
-vs-
1.The Director of School Education,
DPI Campus,
College Road, Chennai.
2.The Joint Director of School Education (Secondary),
DPI Campus,
DPI Campus,
College Road, Chennai.
3.The Chief Educational Officer,
Chief Educational Office,
Tenkasi District,
Tenkasi.
4.The District Educational Officer,
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W.P.(MD) No.16845 of 2025
District Educational Office,
Tenkasi,
Tenkasi District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified Mandamus to call for the records of the impugned order
passed by the fourth respondent in his proceedings in Na.Ka.No.
875/m3/2025, dated 17.03.2025 and quash the same as illegal and further
directing the 3rd respondent herein to accord prior permission to fill up the
post of P.G. Assistant (Botany) and release the grant in aid to the Hindu Nadar
Uravinmurai Committee Higher Secondary School, T.N.Pudhukudi,
Puliyankudi Tenkasi District and pass any such other further orders.
For Petitioner : Mr.S.Vashik Ali
For Respondents : Mr.N.Satheesh Kumar A.G.P.,
ORDER
This Writ Petition had been filed to quash the impugned order passed by the fourth respondent, dated 17.03.2025 and to direct the 3rd respondent herein to accord prior permission to fill up the post of P.G. Assistant (Botany) and release the grant-in-aid to the Hindu Nadar Uravinmurai Committee Higher Secondary School, T.N.Pudhukudi, Puliyankudi Tenkasi District. Page 2 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025
2. Heard Mr.S.Vashik Ali, the learned counsel appearing for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents.
3.The learned counsel appearing for the petitioner would submit that the petitioner is a minority educational institution. In a vacancy that was arose on the death of the incumbent PG Assistant on 21.06.2024, the petitioner has sought sought prior permission to fill up the said vacancy and a proposal dated 27.11.2024 was submitted to the fourth respondent. By proceedings dated 06.01.2025, the proposal was returned by the fourth respondent raising queries. He would submit that by Government Order in G.O.Ms.No.162, dated 29.01.1999, revised orders were issued to follow Rule of Reservation for appointment in direct recruitment at all categories, where the cadre strength is more than one. By a further Government Order in G.O.Ms.No.46, dated 21.02.2000, the Government Order in G.O.Ms.No.162, was made applicable to aided institution also. As the post of PG Assistant (Botany) was an unitary post, the Rule of Reservation could not be applied and the proposal was resubmitted. As no action was taken on the proposal, the petitioner had approached this Court Page 3 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025 in W.P.(MD)No.5250 of 2025, in which by order dated 27.02.2025, this Court had directed the respondents to pass appropriate orders, within a period of three weeks from the date of receipt of a copy of the order. Pursuant to the said order, by the impugned proceedings rejected the proposal submitted by the petitioner to fill up the vacancy under the General Turn holding that the Government Order in G.O.Ms.No.1248, cannot be applied after issuance of Government Order in G.O.Ms.No.162 and that only after necessary amendments made in that regard, prior approval could be granted.
4. He would submit that the Government Order in G.O.Ms.No.162 was issued as early as in the year 1999 and that by a further Government Order in G.O.Ms.No.46, it was clarified that G.O.Ms.No.1248, would be applicable till 21.09.1999 i.e., date of issuance of the Government Order in G.O.Ms.No.162 and that a direction was issued to carry out necessary amendments to the Tamil Nadu Private School Regulation Rules in that regard. Even till date, no such amendments have been made by the Government in that regard. Hence, he would submit that the order of rejection holding that no amendment has been carried out pursuant to G.O.Ms.No.162, dated 21.09.1999 is wholly improper and hence, he Page 4 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025 seeks interference of this Court in the order impugned in this Writ Petition.
5. Further relying upon the judgment of the Hon'ble Division Bench of this Court in the case of P.Ravichandaran vs. State of Tamil Nadu & Ors., reported in 2013-7-MLJ-641, he would contend that there is no necessity to grant prior permission to fill up a post, which is already sanctioned.
6. Countering his arguments, the learned Additional Government Pleader would submit that in a Government Order in G.O.Ms.No.162, revised orders were issued for applying the Rule of Reservation in the cadre strength which is more than one by following the roasters. He would further submit that by a Government Order in G.O.Ms.No.46, dated 21.02.2000, clarification was issued that the aforesaid order would be applicable to Government aided school also and that necessary amendment was also sought to be made in the Rules with regard to the same. As the Rules have not been amended till date, the petitioner was directed to follow the existing Rules.
7. He would further submit that even as per the new Rules of the year 2023 Page 5 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025 based upon the Tamil Nadu Private School Regulation Act, 2018, there is no mention as to the following of communal roaster to a single cadre post. When that being so, the attempt made by the petitioner to fill up the vacancy could only be filled up in serial No.2 of roaster given to SC/ST but a General Turn candidate could not be entertained. As the existing Rule of communal roaster has not been followed, the respondents was right in rejecting the proposal submitted by the petitioner. Hence, he prays this Court to dismiss the Writ Petition.
8. I have considered the submissions made by the learned counsels appearing on either side and perused the materials placed on record.
9. Admittedly, the Private Schools were originally governed by the Tamil Nadu Private School Education Act, 1973 and the Rules framed thereunder. Thereafter the said Act had been replaced by the Tamil Nadu Private School Regulation Act, 2018 and the Rules framed thereunder in the year 2023. Reliance that had been placed by the respondents on the Government Order of the year 1999 and 2000 to reject the claim of the petitioner is wholly improper. The said Government Orders have sought to introduce a concept of reservation by Page 6 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025 following the communal roaster in an aided institution. The new Act as introduced in the year 2018 and the Rules framed thereunder envisages that the Rule of Reservation ought to be followed in the matter of appointment of a Teacher. Prior to the issue of Government Order in G.O.Ms.No.162, there had been no Rule of Reservation that way followed for appointment of Teachers in an aided institution.
10. It is also admitted that the Old Rules were not amended in-line with the Government Order in G.O.Ms.No.162, which sought to implement the Rule of Reservation as followed by the Government even to the private aided schools. Having found that the Rules have to be amended as per the Government Order in G.O.Ms.No.162, the Government has also issued Government Order in G.O.Ms.No.46, directing the amendment to the Rules. The Old Rules were never amended till its repealed in the year 2018. Therefore, the contention of the respondents that the vacancy should be filled up only by serial No.2 by appointing SC/ST candidates in the petitioner's school is wholly unfounded. Only under the New Rules, there is an obligation on the part of the petitioner's school to follow the Rule of Reservation. After the new Rules have been Page 7 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025 amended, it is the first time that the post is sought to be filled up. Hence, they are entitled to fill up the said post through a General Turn candidate, as sought for in their proposals.
11. As already the said post is sanctioned post which is based upon the academic requirements particularly on the basis of the students teachers ratio and also taking into consideration that the post of P.G. Assistant (Botany), there has been only one sanctioned post, the same could also not been declared as surplus. In such an event by applying the principles laid down by the Hon'ble Division Bench of this Court in the case of P.Ravichandaran vs. State of Tamil Nadu & Ors., reported in 2013-7-MLJ-641, has also been affirmed by the Hon'ble Apex Court, this Court finds that there is no requirement to seek for prior permission particularly to the post of PG Assistant (Botany) on the facts of the case. However, it is made clear that any appointments that are made by the petitioner institution, pursuant to the new Rules that have been introduced in the year 2023, it is a bounden duty to follow the Rule of Reservation.
12. For the aforesaid reasons, the Writ Petition is allowed and impugned Page 8 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm ) W.P.(MD) No.16845 of 2025 order is set aside. The respondents are directed to grant prior permission for the appointment of PG Assistant (Botany) to the petitioner's school. However, there shall be no order as to costs.
09.01.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Pbn
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W.P.(MD) No.16845 of 2025
To
1.The Director of School Education,
DPI Campus,
College Road, Chennai.
2.The Joint Director of School Education (Secondary), DPI Campus, DPI Campus, College Road, Chennai.
3.The Chief Educational Officer, Chief Educational Office, Tenkasi District, Tenkasi.
4.The District Educational Officer, District Educational Office, Tenkasi, Tenkasi District.
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Pbn PRE-DELIVERY ORDER IN W.P.(MD) No.16845 of 2025 09.01.2026 Page 11 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:51:07 pm )