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[Cites 8, Cited by 0]

Madras High Court

The Government Of Tamilnadu vs G.Aravind Raj on 9 May, 2025

Author: C.Saravanan

Bench: R.Suresh Kumar, C.Saravanan

                                                                                              W.A.No.3057 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                       Reserved On                               22.01.2025
                                      Pronounced On                              09.05.2025

                                                            Coram:

                                   THE HON'BLE MR.JUSTICE R.SURESH KUMAR
                                                    and
                                    THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                W.A.No.3057 of 2024
                                                       and
                                               C.M.P.No.23130 of 2024

                     1.The Government of Tamilnadu,
                       Rep. by its Secretary to Government,
                       School Education Department,
                       Fort St.George, Chennai – 9.

                     2.The Joint Director,
                       (Higher Secondary Vocational),
                       College Road, Chennai – 6.

                     3.The Chief Educational Officer,
                       Tiruvannamalai District.

                     4.The District Educational Officer,
                       Tiruvannamalai District.
                                                                                                  ...Appellants
                                                             Versus



                     1.G.Aravind Raj
                     2.The Correspondent,

                     Page Nos.1/68




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                                                                                             W.A.No.3057 of 2024

                        Danish Mission Higher Secondary School,
                        Tiruvannamalai District.
                                                                                ...Respondents
                     Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set
                     aside the order dated 21.03.2024 made in W.P.No.9971 of 2021 and allow
                     the Writ Appeal.
                                  For Appellants               :        Mr.U.M.Ravi Chandran,
                                                                        Special Government Pleader

                                  For Respondent – 1           :        Ms.Dakshayani Reddy,
                                                                        Senior Counsel
                                                                        for Mr.C.Mahendran

                                  For Respondent – 2           :         No Appearance
                                                                       ---

                                                              JUDGMENT

(Judgment of the Court was delivered by C.SARAVANAN, J.) This Intra Court Appeal is directed against the Order dated 21.03.2024 passed by the Writ Court in W.P.No.9971 of 2021 (hereinafter referred to as the 'Impugned Order').

FACTUAL BACKGROUND OF THE CASE:-

2. The 1st Respondent/Writ Petitioner had filed the above Writ Petition praying for issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned Order in Na.Ka.No.4178/E2/2018 Page Nos.2/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 dated 29.05.2020 on the file of 4th Appellant and quash the same and consequently, direct the 1st to 4th Appellants to approve the petitioner's appointment as Vocational Instructor at the 2nd respondent school with effect from 01.09.2017 and pay him salary and other benefits.
3. By the Impugned Order, the Writ Court has allowed the above Writ Petition. Operative portion of the Impugned Order dated 21.03.2024 reads as under:-
“7. In the impugned order, it has been stated that the post sanctioned to the fifth respondent School is a part time post which is factually incorrect. So the fourth respondent cannot hold a file for the wrong reason that the post is a non-sanctioned post. In the impugned order it has been further stated that the post of Vocational Instructor has to be surrendered to the Government once the incumbent retires, dies or resigns. The above issue has been dealt in W.A.(MD) No.1494 of 2017 dated 01.03.2018, in which it is held as under :
“9. In the result, we dismiss the writ appeal for the reasons stated above and issue the following directions:
(i) The respondents 4 and 5 shall approve the appointment of Thiru.R.Kannan, Vocational Instructor, which appointment was made on 10.06.2013, as the post was very much available in terms of staff fixation order dated 29.10.2013.
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(ii) In so far the Academic year 2014- 2015 is concerned, the respondents 4 and 5 are directed to take note of the factual aspects which is admitted in the fixation order itself, namely, students strength and sanction one post with effect from the year 2014-2015 onwards in the category Vocational Instructor and the petitioner is entitled to be paid salary in the said post.

10. The above direction should be complied with within a period of 12 weeks from the date of receipt of copy of this order. Accordingly, the writ appeal fails and stands dismissed. No costs. Consequently, C.M.P.(MD)No.11921 of 2017 is also closed.”

8. Since the above position is no more res integra and the position of law on this point has already been settled by the above judgment of the Division Bench of this Court, the fourth respondent is not expected to return the file for the very same reason which was settled by the above referred judicial pronouncement. Since the proposal is returned, the same shall be resubmitted by the fifth respondent along with the copy of the order of this Court in order to enable the fourth respondent to do the needful for issuing the approval order with effect from the date of appointment of the petitioner.

9. In the result, this Writ Petition is allowed and the impugned order in Na.Ka.No.4178/E2/2018 dated 29.05.2020 on the file of the 4th respondent is quashed. The fifth respondent is directed to resubmit the proposal to the fourth respondent along with the copy of the order of this Court and on receipt of the same, the fourth respondent is directed to do the needful for issuing the approval order with effect from the date of appointment of the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are Page Nos.4/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 closed.”

4. A vacancy arose to the post of 'Vocational Instructor (General Machinist)' due to superannuation of one Mr.K.Siva Prakasam on 31.05.2017, pursuant to which, the 1st Respondent/Writ Petitioner was appointed to the post of ‘Vocational Instructor (General Machinist)’ by the 2nd Respondent Minority School on 01.09.2017.

5. The 2nd Respondent Minority School therefore had sent a proposal bearing Letter No.586/2017 dated 03.07.2018 to the 4th Appellant for approving the appointment of 1st Respondent/Writ Petitioner as ‘Vocational Instructor (General Machinist)’ in its School.

6. However, the 4th Appellant vide Order dated 29.05.2020, returned the said proposal by stating that the said proposal may be resubmitted along with documents such as Government Orders or Proceedings of Director of School Education regarding the subject matter, if any.

7. The reasons stated in the Order dated 29.05.2020 impugned in W.P.No.9971 of 2021 are as follows:-

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(i) The post of Vocational Teacher was a part-time post; that no new Vocational courses Teacher can be started from the Academic Year 2017-2018 and that no new Vocational Instructor could be appointed without the permission of the Government in view of the proceeding of the Director of School Education, Chennai in proceedings bearing reference Rc.No.115506/W6-2012 dated 28.08.2003.

(ii) That post of Vocational Teacher was not school specific but only to the teacher/staff appointed to the said post and if the concerned staff retires or dies or moves to another post, the post is deemed to have been surrendered/returned to the Department and that no other person can be appointed to the said post without the permission of the Government.

8. The 1st Respondent/Writ Petitioner thus filed W.P.No.9971 of 2021 before this Court, wherein, the 1st Respondent/Writ Petitioner challenged the Order dated 29.05.2020 passed by the 4th Appellant. The Writ Court vide Impugned Order allowed the Writ Petition in W.P.No.9971 of 2021 filed by the 1st Respondent/Writ Petitioner.

9. Therefore, the present Writ Appeal is filed by the Official Respondents in W.P.No.9971 of 2021 challenging the decision of the Writ Court vide Impugned Order dated 21.03.2024.

SUBMISSIONS OF THE APPELLANTS:-

10. The learned Special Government Pleader for the Appellants submitted that the Writ Court erred in allowing the Writ Petition filed by the Page Nos.6/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 1st Respondent/Writ Petitioner. It is submitted that as per Staff Fixation Report 2017-2018, the double part-time teacher post lapsed as soon as the teacher who was working in the post attained the age of superannuation and that the Government had not sanctioned the new post in the 2nd Respondent School. He further submitted that several cases of similar nature are pending before the Hon’ble Supreme Court and therefore, the Impugned Order dated 21.03.2024 of the Writ Court is liable to be set aside.

11. That apart, the learned Special Government Pleader for the Appellants submitted that the Division Bench of this Court has also granted interim stay in various Writ Appeals under similar circumstances. Details of the Interim Orders are tabulated hereunder:-

Sl.No. Writ Appeal No. Date of the Interim Order 1 1225/2023 21.06.2023 2 1448/2023 10.07.2023 3 1317/2023 28.06.2023 4 1242/2023 22.06.2023 5 1211/2023 21.06.2023

12. The Impugned Order of the Writ Court is primarily assailed on the ground that reliance cannot be placed on the decision of the Division Page Nos.7/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Bench of this Court dated 01.03.2018 passed in W.A.(MD)No.1494 of 2017. It is submitted that the said decision does not squarely apply to the facts of the present case. It is further stated that the Hon’ble Supreme Court vide Order dated 08.02.2019 in SLP (C) Diary No.2969 of 2019 has stayed the decision of the Division Bench of this Court in W.A.(MD)No.1494 of 2017.

13. The learned Special Government Pleader further submitted that the Writ Court has failed to take note of G.O.Ms.No.991, Education Department dated 16.07.1990, wherein, it has been clarified that the post of 'Vocational Instructor' cannot be filled after 16.07.1990 and if any post falls vacant, such post will automatically cease to exist and the said post shall be deemed to have been surrendered to the Government and that the 'Vocational Instructor' post is only given to the Teacher/Staff appointed and not to the school and that the said post is a 'Non Sanctioned Post' in an institution.

14. It is submitted that during the Academic Year 2018-19, only 51 students were studying in the 'General Machinist' group at the 2nd Page Nos.8/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Respondent School and therefore, on this count also, the appointment made cannot be approved. Moreover, as per the ‘Staff Fixation Report’ issued by the Chief Educational Officer, Tiruvannamalai vide proceedings in Na.Ka.No.8364/B6/2023 dated 17.10.2023 for the Academic Year 2023- 2024, it is stated that there were no students enrolled in the 2nd Respondent School for the Vocational Course viz., General Machinist. Therefore, the learned Special Government Pleader prayed that the impugned order of the Writ Court allowing the Writ Petition was liable to be set aside.

15. In support of the above contentions, the Appellants relied on the following cases:-

1. The State of Tamil Nadu & Ors Vs. M.Theivanayagi., SLP (C) No.6162-6163 of 2022.
2. The Government of Tamil Nadu, Rep by its Secretary to Government School Education Department Vs. P.Vivekandan, SLP (C) No.016772-016773 of 2019.
3. The Government of Tamil Nadu, Rep by its Secretary Vs. Secretary/Correspondent, Sethupathi Higher Secondary School, SLP (C) No. 4987 of 2019.
4. The Government of Tamil Nadu & Ors. Vs. St.Aloysius Higher Secondary School, 2010 SCC Online Mad 6148
5. Kolawana Gram Vikas Kendra Vs. State of Page Nos.9/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Gujarat & Ors. (2010) 1 SCC 133
6. The Government of Tamil Nadu Vs. The Correspondent, St.Mary's Girls Higher Secondary School, W.A.No.2301 of 2019.

SUBMISSIONS ON BEHALF OF THE 1ST RESPONDENT/WRIT PETITIONER:-

16. Defending the Impugned Order, learned Senior Counsel for the 1st Respondent/Writ Petitioner submitted that after considering the facts of the case, the Writ Court has passed a well-reasoned order and hence, the Impugned Order of the Writ Court does not merit any interference. Therefore, the learned Senior Counsel submitted that the present Writ Appeal is liable to be dismissed.

17. Further, the learned Senior Counsel for the 1st Respondent/Writ Petitioner relied on the Staff Fixation Report for the Academic Year 2018-19 of the 2nd Respondent school. Particularly, a reference was made to Serial No.21, wherein, it has been mentioned that two posts were sanctioned for ‘Vocational Teachers (Full Time)’, out of which, one post was for 'General Machinist' and the other post for 'Office Management'. Page Nos.10/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

18. Serial No.21 of the Staff Fixation Report for the Academic Year 2018-19 is usefully extracted hereunder:-

                           Sl.No.              Name of the Post                               No. of Posts
                              21         Vocational Teachers (Full Time)                 General Machinist – 01
                                                                                        Office Management – 01

19. In support of the above contentions, the learned Senior Counsel for the 1st Respondent/Writ Petitioner relied on the following cases:-

1. The State of Tamil Nadu, Rep by its Secretary Vs. Secretary/Correspondent, Sethupathi Higher Secondary School, W.A.(MD). No. 1494 of 2017.
2. The Chief Educational Officer Vs. D.Gnana Theeba Rani, W.A.(MD) No. 675 of 2024.
3. The Secretary to Government Vs. A.Kingsly Belbin, W.A.(MD).No.1464 of 2023.

DISCUSSION:-

20. We have heard the learned Special Government Pleader for the Appellants and the learned Senior Counsel for the 1st Respondent/Writ Petitioner.

21. The 4th Appellant had passed the Order dated 29.05.2020 which was impugned in W.P.No.9971 of 2021 filed by the 1st Respondent/Writ Petitioner. The Writ Court has allowed the above Writ Page Nos.11/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Petition for the reasons stated in it.

22. Although we concur with the ultimate decision of the Writ Court, we record different reasons to uphold it. We shall elucidate our views in the ensuing paragraphs.

23. Before, we proceed further, we shall refer to few case laws cited by the learned counsels on either side. In Kolawana Gram Vikas Kendra Vs. State of Gujarat & Ors. (2010) 1 SCC 133, the Hon’ble Supreme Court had to deal with a Circular dated 06.10.1998 issued by the Government of Gujarat.

24. Under the said Circular, it was obligatory on the part of minority institutions to obtain prior approval from the State Government/Competent Authority before making any new appointment to both the Teaching and Non-Teaching posts.

25. The Hon’ble Supreme Court held that the selection process by a minority institution to select a candidate without any interference from the Page Nos.12/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Government was valid. At the same time, however, the Hon’ble Supreme Court ruled that the requirement of this prior approval was necessitated because, it is for the Government, to see as to whether:-

a) there posts were available in the minority institution as per the strength of students; and
b) whether the candidates, who were sought to be appointed had the requisite qualifications in terms of the rules and regulations of the Education Department.

26. Thus, it was held prior approval was required only to ascertain whether the appointees had requisite qualifications in terms of the Rules and Regulations of the Education Department.

27. On facts, the decision in the case of Kolawana Gram Vikas Kendra was confined only to the appointment of ‘Teachers’ in the Appellant School therein. However, in the said case, the Hon'ble Supreme Court had held that the same yard stick will apply to non-teaching staff also. Relevant portion of the said decision reads as under:-

“7. In our considered view, we do not view this to be Page Nos.13/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 interference in the selection process. It would be perfectly all right for a minority institution to select the candidates without any interference from the Government. However, the requirement of this prior approval is necessitated because it is for the Government to see as to whether there were actually posts available in the said institution as per the strength of students and secondly; whether the candidates, who were sought to be appointed, were having the requisite qualifications in terms of the rules and regulations of the Education Department. That is precisely the stand taken by the State of Gujarat before us in its counter-affidavit.
8. Para 3 of the said affidavit reads as under:
“Minority institutions are free to select their teaching and non-teaching staff. No Government Officer or the representative of the Board was appointed in the selection committee of the minority institution. There is no interference by the Government in the administration of the schools. However, N.O.C is required to be obtained to verify whether there is no a vacancy of a teacher of a particular subject as per the workload fixed by the Gujarat Secondary and Higher Secondary Education Board specially when the government is providing grant-in-aid and that he possesses minimum required qualification for the post he is appointed.” From a reading of aforesaid Para 3, it is clear that all that the Government wants to examine is as to whether the proposed appointments were within the framework of the Rules considering the workload and the availability of the post in that institution and, secondly, whether the selected candidates had the necessary qualifications for the subjects Page Nos.14/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 in which the said teachers were appointed. The same applies to the non teaching staff also.
9. In view of this clear stand taken by the State Government, we cannot pursuade ourselves to hold that the aforementioned Circular amounts to any unconstitutional interference in the internal working of the minority institution. In that view, we would choose to dismiss these appeals.
10. However, Mr.Ahmadi raised another point saying that if the prior approval or the no-objection certificate, as the case may be, is not awarded within seven days without any reason, then it would be hazardous for the minority institution to run itself.

We do expect the competent authority to issue the no- objection certificate within the time provided in the said circular which is of seven days. Of course, if there are any objections, the authority will be justified to take some more time within the reasonable limits.” 11.

28. The above ruling of the Hon’ble Supreme Court in the case of Kolawana Gram Vikas Kendra (referred to supra), was also recently followed by another Division Bench of equal strength in Mark Donald Page Nos.15/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Carron Vs. State Government of Tamil Nadu & Ors. (2024) SCC Online Mad 4059. The Division Bench dismissed the Writ Appeal preferred against the Order of the Writ Court dismissing the Writ Petition filed by the said Writ Petitioner.

29. In the light of the above decision of the Hon’ble Supreme Court, a Division Bench of this Court had allowed a batch of writ appeals preferred by the Education Department in The Government of Tamil Nadu & Ors. Vs. St.Aloysius Higher Secondary School, 2010 SCC Online Mad 6148. There, the Division Bench of this Court held as under:-

“12. The Power of authorities has been clearly set out in Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 and Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. Rule 6 of Tamil Nadu Minority Schools (Recognition and Payment of Grant), 1977 contemplates that approval for appointment of teachers is mandatory before receiving any grant and therefore, minority institutions cannot say merely some teachers have been appointed in regular vacancies, release of grant is automatic even before the approval of appointment of teachers made by the competent authorities. Granting approval to the appointments of staff in minority educational institutions by the Government was upheld by the Supreme Court in [Kolawana Gram Vikas Kendra v. State of Gujarat and others] (2010) 1 SCC 133.
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14. In the light of the above facts, when we analyse the impugned circulars dated 25.04.1994 and 20.05.1994, in the first circular, it was clearly stated that the Government had proposed to issue revised norms for teachers; pupil ratio and the matter is now under the active consideration of the Government. Hence, the vacancies existed due to death, retirement, voluntary retirement, resignation etc., in the aided High School and Higher Secondary Schools should not be filled up with effect from 01.06.1994 till the revised norms are issued. Further, it was stated that the Chief Educational Officer, District Educational Officer and Inspectors of Girls Schools were requested to give suitable instruction to the management and heads of the aided school (both minority and non minority) under their control not to fill up vacancies which existed due to the above reasons and keep them vacant from 01.06.1994 until further orders. This circular was issued by the Director of School Education. Subsequently, in the second Circular dated 20.05.1994 issued by the Director of Elementary Education, it was stated that all the District Educational Officers are informed that granting permission to fill up teachers post which fell vacant due to retirement, resignation, death or voluntary retirement in aided primary/middle school from 01.06.1994 has to be stopped temporarily. Further, it was stated that they are requested to inform this to all the Assistant Educational Officer who in turn shall inform the matter to all the management of the school and to keep an acknowledgment from them. It was further stated that the District Educational Officers are requested to send a report on the action taken by them. Thus, by virtue of these two circulars dated 25.04.1994 and 20.05.1994, the Government has given a direction that the appointments arising out of vacancies, including on the death or Page Nos.17/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 retirement of a teacher, even in respect of the aided schools, should be stopped temporarily. Though these instructions came with effect from 01.06.1994, subsequently, it was stated that this ban was for a period of one year. This ban was intended for the ostensible purpose to regulate the appointments to suit the convenience in the matter of appointment of teachers by taking note of the relevant teacher;pupil ratio. Therefore, the Government thought it fit to regulate, to upgrade and to maintain high standards in respect of the teacher;pupil ratio and for this purpose the circulars were issued. Therefore, merely because the ban was in force prohibiting appointment of teachers, it cannot be said that it had infringed the rights of the respondents school.”

30. All these cases are confined to the appointment of 'Teachers’. They have not specifically dealt with the appointment of ‘Vocational Instructors’ under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as '1973 Act') and Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 (hereinafter referred to as '1974 Rules').

31. The 1973 Act and the 1974 Rules have now been replaced with the Tamil Nadu Recognised Private Schools (Regulation) Act, 2018 and the Tamil Nadu Recognised Private Schools (Regulation) Rules, 2023 vide Page Nos.18/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 G.O.Ms.No.13 & 14 School Education (MS) w.e.f. 13.01.2023. The new Act and the Rules made thereunder are different in many ways. They are more comprehensive.

32. Therefore, to resolve the issue regarding the correctness of the said decision of the 4th Appellant dated 29.05.2020 declining to approve the appointment of the 1st Respondent/Writ Petitioner as a ‘Vocational Instructor (General Machinist)’, a reference is made only to the provisions of the '1973 Act' and the '1974 Rules' and to the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977 (hereinafter referred to as '1977 Rules') and the 2018 Act and 2023 Rules which came into force only on 13.01.2023.

33. The 1977 Rules are primarily meant for recognition of “Minority Schools” and for payment of Government grants to such “Minority Schools” as defined in Rule 2(d) of the 1977 Rules. The 1977 Rules does not prescribe any method of appointment of “Teachers” and other staffs in “Minority Schools” as defined in Rule 2(d) of the 1977 Rules.

34. Rule 9 of the 1974 Rules contemplates recognition of private Page Nos.19/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 schools including “Minority Schools” of all kinds specified in Rule 4 of the 1977 Rules. Rule 9 of the 1974 Rules is a generic rule. Rule 9 of the 1974 Rules applies to all private schools including a Minority School.

35. Therefore, the 1977 Rules has to be read along with the 1974 Rules in the case of appointment of both “Teaching” and “Non-Teaching Staff” in “Minority Schools”.

36. The 1973 Act provided a broad legal framework for appointment and qualification of “Teachers” and “Other persons” in Private Schools. Chapter V of the 1973 Act specifically deals with “Terms and Conditions of Service of Teachers and Other Persons in Private Schools”.

37. Section 19 is in Chapter V of the 1973 Act. Section 19 deals with Qualifications, Conditions of Service, etc., of “Teachers” and “Other Persons” employed in Private Schools.

38. To implement the object of Section 19 of the 1973 Act, 1974 Rules were framed. Rule 15 of the 1974 Rules mirrors and reflects the Page Nos.20/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 object of Section 19 of the 1973 Act. Similar expressions found in both Section 19 of the 1973 Act and Rule 15 in the 1974 Rules.

39. The expressions used in both Section 19 of the 1973 Act and Rule 15 of the 1974 Rules are ‘Qualifications’, ‘Conditions of Service’ of “Teachers” and “Other Persons”.

40. Neither the 1973 Act nor the 1974 Rules or 1977 Rules have defined the expression “Vocational Instructor”. There is only definition of the expression “Teacher” in Rule 2(c) of the 1974 Rules. The expression “Teacher” in Rule 2(c) of the 1974 Rules to include a “Headmaster”. A similar definition of the expression “Teacher” is there in the 1977 Rules as well.

41. The post of 'Vocational Instructor' was introduced for the first time in the Year 2009 vide G.O.Ms.No.65 School Education (VE) dated 24.02.2009 in the 1974 Rules.

42. However, fact remains that appointment of the 1st Page Nos.21/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Respondent/Writ Petitioner was made to the post of “Vocational Instructor”, after the previous incumbent who was earlier appointed as a “Vocational Instructor” against a regular vacancy attained the age of superannuation, the 1st Respondent/Writ Petitioner was appointed in his place as a “Vocational Instructor”. The post of “Vocational Instructor (General Machanist)” is a sanctioned post.

43. If the post of the “Vocational Instructor (General Machinist)” is to be treated on par with the post of a “Teachers” under the 1973 Act and the 1974 Rules, the decision of the 4th Appellant cannot be questioned. In other words, procedure prescribed for appointment under Rule 15(4) of the 1974 Rules was required to be followed, however, this is not the case here. We shall explain our position in ensuing paragraphs.

44. On the other hand, if the post of the “Vocational Instructor (General Machinist)” was to be treated on par with the post of “Other Persons” under the Rules, it has to be held that the decision of the 4th Appellant was rightly interfered by the Writ Court vide Impugned Order. Page Nos.22/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

45. We shall refer to the post of “Vocational Instructor (General Machinist)” in due course of this narration.

46. We are concerned with a case of appointment of the 1st Respondent/Writ Petitioner as a 'Vocational Instructor (General Machinist)' in the 2nd Respondent Minority School as against the sanctioned strength which was made without prior approval of the 4th Appellant herein. Validity of appointment of the 1st Respondent as “Vocational Instructor (General Machinist)” in the 2nd Respondent School:-

47. It has to be borne in mind that even if appointments are/were made in excess of the fixed Teacher-Pupil Ratio under the Rules, the appointment cannot be regularised even in the case of a person other than a “Teacher”. We are not concerned with the above situation.

48. As per Rule 15(1) of the 1974 Rules, the number of ‘Teachers’ and ‘Other Persons’ employed in a private school shall not exceed the number of posts sanctioned by the Director of School Education (DSE). Number of post had to be thus sanctioned by the Director of School Page Nos.23/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Education (DSE).

49. For the sake of clarity, Rule 15(1) of the 1974 Rules is reproduced below:-

“15. Qualifications, conditions of service of teachers and other persons. – (1) The number of teachers and other persons employed in a private school shall not exceed the number of posts sanctioned by the Director of School Education, from time to time, with reference to the academic requirements, teacher-pupil ratio and overall financial considerations.”

50. As per Rule 15(1) of the 1974 Rules, the Director of School Education (DSE), was required to fix and sanction the post of “Teachers” and “Other Persons” in a Private School from time to time with reference to:-

a. Academic Requirements;
b. Teacher-Pupil Ratio; and c. Overall financial considerations.

51. Rule 15(2) of 1974 Rules prescribed the format for agreements to be signed with “Teachers” and “Other persons” and the procedure to be followed in the matter of their appointments to be made by the ‘School Page Nos.24/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Committee’. For the sake of clarity, Rule 15(2) of 1974 is reproduced below:-

“15. Qualifications, conditions of service of teachers and other persons. – (2) (i) The School Committee of every private school shall enter into an agreement with the teacher or other person in Form VII-

A or VII B if the appointment is for a period exceeding three months.

[(i-a) The School Committee of every private school shall enter into an agreement with the person appointed as Junior Grade Teacher in Form VII-C.]

(ii) Three copies of the agreement shall be executed, one copy shall be furnished to the teacher or other person concerned, the other copy shall be retained by the School Committee and the third copy shall be forwarded to the District Educational Officer.”

52. As against a 'regular vacancy', only a fully qualified candidate could be appointed on a regular basis under Sub-Rule (3) to Rule 15 of 1974 Rules. Similarly, in the case of a 'temporary vacancy', such vacancy can be filled up only for a specified period on 'temporary basis'. For the sake of clarity, Rule 15(3) of the 1974 Rules is reproduced below:-

“15. Qualifications, conditions of service of teachers and other persons. – (1) ................................. (2) .................................
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 (3) In a regular vacancy, a fully qualified candidate shall be appointed only on a regular basis. However, in a temporary vacancy, i.e., leave vacancy, deputation for training or suspension of the teacher's certificate, a teacher or other person may be appointed for a specified period. In such cases, the agreement to be executed shall be in Form VII B.”

53. For filling up such a 'temporary vacancy', Schools were required to sign an agreement with such a person in Form VII B as was specified in the 1974 Rules. Rule 15(3) of the 1974 Rules illustrated the situation when 'temporary vacancy' could arise in a Private School.

54. Rule 15(4)(i) of the 1974 Rules underscores the point that promotion shall be made only on the grounds of merit and ability and seniority will be considered only when merit and ability are approximately equal. We are also not concerned with a situation contemplated under Rule 15(4)(i) of the 1974 Rules in the present case.

55. Since the 1st Respondent/Writ Petitioner was made after the previous incumbent attained the age of superannuation, the appointment of the 1st Respondent/Writ Petitioner as ‘Vocational Instructor (General Page Nos.26/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Machinist)’ was against a regular vacancy. This is also not in dispute.

56. There are also no indication that at the time of appointment of the 1st Respondent/Writ Petitioner by the 2nd Respondent School, there was any change in the sanctioned strength of the “Teachers” and “Other Persons” albeit in the 2nd Respondent Minority School.

57. There are also no indication that the Teacher-Pupil Ratio had also changed at the time of appointment of 1st Respondent/Writ Petitioner in the 2nd Respondent Minority School. Thus, there is no dispute that the post of “Vocational Instructor (General Machinist)” was a sanctioned post in the 2nd Respondent Minority School.

58. In fact, if we examine the scheme of the 1974 Rules, there are only two broad categories of ‘persons’ who can be appointed in Schools governed by the 1973 Act and the aforesaid Rules. One is under the category of “Teacher” and the other is under the category of “Other persons”.

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59. 'Vocational Instructors' are engaged in schools for imparting practical training and to expose students to the relevant skills in a particular discipline. Under the 1974 Rules, the post of 'Vocational Instructor (General Machinist)' was not on par with that of a “Teacher” as defined in Rule 2(c) of the 1974 Rules unlike the 2018 Act and 2023 Rules, although the role of a 'Vocational Instructor' is somewhat akin to that of a “Teacher” in a school.

60. As far as qualifications of “Vocational Instructors” are concerned, the qualifications are prescribed only in Annexure V-B of the 1974 Rules. Annexure V-B of 1974 Rules applies to all schools including Minority Schools. Table IV to Annexure V-B of the 1974 Rules prescribes qualifications for “Vocational Instructor (General Machinist)”.

61. From a reading of qualification prescribed in Table IV to Annexure V-B of the 1974 Rules for a “Vocational Instructor (General Machinist)”, it is evident that they are not “Teachers” for the purpose of Page Nos.28/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 1973 Act or the 1974 Rules. We shall explain the above position with reference to qualifications of “Teachers”. “Vocational Instructors” and “Non-Teaching Staff” viz., “Other persons” in the ensuing paragraphs. Requisite Qualification for ‘Teachers’,‘Vocational Instructors’ and ‘Other Persons’ employed in Private Schools/ in Minority Schools:-

62. Rule 15(6) of the 1974 Rules prescribes qualifications for “Teacher” and “Other Persons” employed in a Private School. As per Rule 15(6) of the 1974 Rules, they shall possess the qualification specified in Annexure V of the aforesaid Rules.

63. Rule 15(6-A) of the 1974 Rules prescribes qualifications for certain other categories of “Teachers” namely Junior Grade Teachers in Private Schools and Junior Grade Teachers in Higher Secondary Schools and their qualification is prescribed in Annexure V-A of the 1974 Rules.

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64. Annexure V-A of the 1974 Rules was inserted by G.O.Ms.No.125, School Education (X2) dated 12.11.2003 into 1974 Rules. Annexure V-A of the 1974 Rules has to be read along with Rule 15(6-A) of the 1974 Rules. It has two parts. First part to Annesure V-A of the 1974 Rules specifies qualifications for ‘Junior Grade Teachers in Private Schools’. Second Part to Annexure V-A of the 1974 Rules prescribes qualifications for ‘Junior Grade Teachers in Higher Secondary Schools’.

65. Thus, certain categories of “Instructors” have also been grouped along with ‘Junior Grade Teachers in Private Schools’ in Part I to Annexure V-A of the 1974 Rules. S.No. 12 to Part I to Annexure V-A of the 1974 Rules prescribe qualifications to the post of Junior Grade Instructors in various disciplines in Private School including Junior Pre- Vocational Teachers.

66. Summary of Part I and Part II to Annexure V-A of the 1974 Rules is captured in the following:-

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Annexure V-A of the 1974 Rules Qualifications for appointment as:-
Junior Grade Teachers in Private Junior Grade Teachers in Higher Schools Secondary Schools
1.Junior Grade B.Ed. Teacher in 1.Junior Grade Post-Graduate High Schools and Higher Secondary Assistants in Academic Subjects.
Schools 2.Junior Grade Post-Graduate
2.Junior Grade B.Ed. Teacher in Assistants in Languages (Tamil). Middle Schools 3.Junior Grade Post-Graduate
3.Junior Grade Secondary Grade Assistant in languages (Other than Teacher. Tamil).
4.Junior Grade Elementary Grade 4.Junior Grade Physical Directors.

Teacher (Trained in Nursery, Montessori and Kinder Garden).

5.Junior Grade Tamil Pandits.

6.Junior Grade Pandits of other languages.

7.Junior Grade Physical Director in High Schools.

8. Junior Grade Physical Education Teacher.

9.Junior Grade Instructor in Sewing.

10.Junior Grade Instructor in Music.

11.Junior Grade Drawing Master.

12.Junior Grade Pre-vocational Teachers.

67. Annexure V of the 1974 Rules has four parts namely, Table I, II, III and IV. Table I to Annexure V of the aforesaid Rules lists out 27 categories of “Teachers” in Private Schools and their qualifications. Page Nos.31/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

68. Similarly, Annexure III appended to the 1977 Rules prescribe qualifications for “Teachers” in Minority Schools. Annexure III to the 1977 Rules is also divided into three parts. Part I to 1977 Rules deals with “Qualifications for appointment as ‘Teachers’ in Minority Schools (Regular)”.

69. Part I to 1977 Rules also has about 27 categories of “Teachers” and specifies their qualifications. It is similar to the qualifications in Table I to Annexure V of the aforesaid Rules.

70. Certain categories of Instructors simplicitors alone have been included along with the post of the ‘Teachers’ in these parts/tables to Annexure V and III of the 1974 and 1977 Rules respectively. “Instructors” in Table I to Annexure V should possess regular qualifications along with certain additional qualifications prescribed therein. These categories of “Instructors” simpliciter are also eligible to be appointed as “Teachers” both under the 1974 Rules and 1977 Rules.

71. The qualifications for the ‘Teachers’ and certain categories of Page Nos.32/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 “Instructors” both under Part I to Annexure III to 1977 Rules and Table I to Annexure V of the 1974 Rules are similar. For the sake of comparison, they are reproduced below:-

                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                          Sl.     Name of the    Qualification *                          Qualification *
                          No.        Post
                           1 Headmaster         Headmaster                                      *
                             (High Schools)     (High Schools)
                          1A                    Headmaster                                      *
                                                (Elementary and
                                                Middle Schools)
                           2 B.T. Assistant     B.T. Assistant                                  *
                           3 Secondary Grade Secondary                                          *
                             Teacher         Grade Teacher
                           4 Elementary         Elementary                                      *
                             Grade Teacher      Grade Teacher
                           5 Tamil Pandits      Tamil Pandits                                   *
                           6 Pandits of other Pandits of other                                  *
                             Languages        Languages
                             (Languages other (Languages other
                             than Tamil)      than Tamil)
                           7 Physical Director Physical Director                                *
                           8 Physical           Physical Education                              *
                             Education          Teacher
                             Teacher            (a) Grade – I
                             (a) Grade – I      (b) Grade - II

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                                                                                                    W.A.No.3057 of 2024

                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                                  (b) Grade - II
                           9 Woodwork              Woodwork                  (1) S.S.L.C. completed
                             Instructor            Instructor                (2) (i)Industrial School Certificate; or
                                                                                (ii)Certificate course in Elementary
                                                                             Wood Working (Old Regulation)
                                                                             issued by the College of Arts and
                                                                             Crafts, [Chennai];
                                                                                    (iii) Diploma Course in wood
                                                                             work issued by College of Arts and
                                                                             Crafts (New Regulations), [Chennai]
                                                                             ;

(3) (i)Technical Teachers' Certificate;

or

(ii)Crafts Instructors' Course Certificate of Teachers' College, Saidapet.

(4) National Trade Certificate in the Trade of Carpentry. One year course (with) one year paid (untrained) teaching experience or one year (paid) work experience in standard work factory or institution; and (5) National Apprentice Certificate issued by the National Council for Training in Vocational Trades.

10 Spinning and Spinning and (1) S.S.L.C Completed.

Weaving Weaving (2) (i) Artisan Course or Instructors Instructor Instructor Course Certificate of the Government Textile Institute (Chennai); or

(ii) Government Technical Examinations Certificate (Lower Page Nos.34/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 TABLE I TO PART I TO ANNEXURE V OF ANNEXURE V 1974 RULES- OF 1977 RULES-

QUALIFICATIONS QUALIFICATION FOR APPOINTMENT S FOR AS TEACHERS IN APPOINTMENT PRIVATE SCHOOLS AS TEACHERS IN (REGULATION) PRIVATE SCHOOLS (REGULAR) Grade); or

(iii) Bunayee or Khadi Pravisake Course (One year) of the All India Spinners Association, Tiruppur; or

(iv) Three-year Certificate Course in Handloom and Powerloom Weaving issued by the Sri Moolam Rama Varma Technical Institute, Nagercoil, awarded prior to 1961; or

(v) Twelve months Craftsman Certificate in Handloom Weavers or Sri Moolam Rama Varma Technical Institute , Nagercoil; or

(vi) National Trade Certificate awarded by the National Council for training in Vocational Trades, Government of India, the Director General of Resettlement and Employment, New Delhi, in Hand-

weaving Trade; or

(vii) Diploma in Handloom Technology awarded by the Indian Institute of Handloom Technology, All India Handloom Board, Salem;

and (3) (i)Technical Teachers' Certificate;

or

(ii)Craft Instructors Course Certificate of Teachers' College, Saidapet.

                           11 Instructor in   Instructor in             (1) (i) S.S.L.C. completed or its
                              Gardening and   Gardening and             equivalent;

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                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                                  Agriculture   Agriculture                       (ii) Government Technical
                                                                          Examination Certificate (Lower
                                                                          Grade); and
                                                                                      (iii) Technical Teachers'
                                                                          Certificate; or
                                                                          (2) (i) Completed Secondary School
                                                                          Leaving Certificate with thirty-five
                                                                          per cent in Agriculture (Theory and
                                                                          Practical separately) under the
                                                                          Diversified Course; and
                                                                            (ii) Technical Teachers' Certificate.
                           12 Instructor in     Instructor in Home (1) S.S.L.C. Completed;
                              Home Craft        Craft              (2) (i)Government             Technical
                                                                   Examination (Higher Grade in
                                                                   Needle Work and Dress-making and
                                                                   Higher Grade in Embroidery); or
                                                                   (ii) Industrial School Certificate; or
                                                                   (iii)National     Trade      Certificate
                                                                   awarded by the National Council for
                                                                   Training in Vocational Trade,
                                                                   Government of India or the Diploma
                                                                   awarded by the Director General of
                                                                   Resettlement and Employment, New
                                                                   Delhi in Embroidery and Needle
                                                                   work; or
                                                                   (iv) Diploma in Costume Designing
                                                                   and Dressmaking issued by the State
                                                                   Board of Technical Education and
                                                                   Training, [Chennai];
                                                                   and
                                                                   (3) Technical Teachers' Certificate.


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                                                                                                 W.A.No.3057 of 2024

                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                           13 Instructor in       Instructor in Music *
                              Music
                           14 Instructor in       Drawing Master            *
                              Music
                           15 Metal       Works Metal         Works Examination of Lower Grade in the
                              Instructor,       Instructor, Electric subject; or

Electric Wiring Wiring Instructor, (iii) Certificate of the Government Instructor, Book- Book-Binding of India, Director of Resettlement and Binding Instructor, Leather Employment (Ministry of Labour). Instructor, Work Instructor, Explanation. - The Industrial School Leather Work Clay Modelling Certificate should, ordinarily, be of Instructor, Clay and Paper Making, not less than two years duration and Modelling and Coir Instructor, for the particular subject alone and Paper Making, Basketing and not for a number of subjects. (1) Coir Instructor, Ratan Work S.S.L.C. completed; and Basketing and Instructor (2) (i) Industrial School Certificate;

                              Ratan       Work                        or
                              Instructor                               (ii) Government Technical
                           16 Diversified         Diversified Course
                              Course              Secretarial        *
                              Secretarial         Assistant
                              Assistant
                           17 Commercial          Commercial                (1)      Government         Technical
                              Instructor          Instructor                Examination in Typewriting (Higher
                                                                            Grade); and
                                                                            (2) Technical Teachers' Certificate.
                          ENGINEERING:
                           18 Senior Instructor                             (1) B.E. (Mechanical) or B.E.
                                                                            (Electrical) or a degree equivalent
                                                                            thereto; or

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                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                                                                         (2) (a) L.M.E. or D.M.E. or L.E.E. or
                                                                         D.E.E.; or
                                                                             (b) (i) B.Sc. (Physics Main) and
                                                                         Electrical or Mechanical Engineering
                                                                         (Subsidiary); and
                                                                                (ii) Workshop experience or
                                                                         teaching experience in a recognised
                                                                         institution for a period of not less
                                                                         than three years; or
                                                                         (3) B.T. or B.Ed, or L.T. with not less
                                                                         than two years' workshop experience
                                                                         or teaching experience in a
                                                                         recognised school.
                           19 Assistant       Assistant Instructor L.M.R. or L.M.E. or L.E.E.; or
                              Instructor                           L.M.E. with practical experience for
                                                                   a period of not less than one year in
                                                                   Engineering     workshop     or    as
                                                                   Instructor in recognised technical
                                                                   school.
                           20 Senior Mechanic Senior Mechanic                              *
                           21 Junior Mechanic Junior Mechanic                              *
                           22 Instructor in   Instructor in              (i) B.Sc., Agriculture; or
                              Agriculture     Agriculture                (ii) B.A. or B.Sc. with Agriculture as
                                                                         a subject in a degree courses; or
                                                                         (iii) B.Sc. with Agriculture as a
                                                                         subject in the Intermediate; or
                                                                         (iv) B.A. or B.Sc., (Botany or
                                                                         Zoology)      with    Higher      Grade
                                                                         Certificate in Agriculture.
                                                                         Provided that persons possessing the
                                                                         qualification specified above are not

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                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                                                                        available, any of the qualifications
                                                                        specified below may be deemed as
                                                                        sufficient;
                                                                        Licentiate in Agriculture (Mysore); or
                                                                        S.S.L.C. eligible or completed with
                                                                        Agriculture Higher Grade and T.T.C.
                                                                        in Agriculture; or
                                                                        S.S.L.C. eligible or completed with
                                                                        Agriculture under the diversified
                                                                        course (From 1976).
                           23 Instructor in                             (i) Licentiate or Diploma in Textile
                              Textile                                   Technology; and
                              Technology                                (ii) Work experience in Weaving in a
                                                                        recognised Textile
                           24 Instructor in                             A degree in Home Science, I.T. or
                              Home Science                              P.T. or B.Ed.
                           25 Drawing and     Drawing and         (i) Degree in Drawing and Painting
                              Painting        Painting Instructor under Part III of any University in the
                              Instructor                          State or its equivalent; or
                                                                  (ii) Diploma in Painting or Diploma
                                                                  in Drawing of Annamalai University;
                                                                  or
                                                                  (iii) (a) S.S.L.C. completed; and
                                                                      (b) A Diploma in Drawing Second
                                                                  Class or Painting granted by the
                                                                  College of Arts and Crafts, [Chennai]
                                                                  or Government Diploma in Drawing.

26 Instructor in Instructor in Music (1) A degree with Music in Part III;

                              Music                               or
                                                                  (2) (a) A Diploma or title holder in
                                                                  Music; or

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                          TABLE    I   TO PART     I   TO
                          ANNEXURE V OF ANNEXURE        V
                          1974      RULES- OF 1977 RULES-
                          QUALIFICATIONS   QUALIFICATION
                          FOR APPOINTMENT S           FOR
                          AS TEACHERS IN APPOINTMENT
                          PRIVATE SCHOOLS AS TEACHERS IN
                          (REGULATION)     PRIVATE
                                           SCHOOLS
                                           (REGULAR)
                                                                                 (b) (i) S.S.L.C. or its equivalent;
                                                                           and
                                                                                  (ii) Sangeetha Sironmani or
                                                                           Sangeetha Bhushanan title.
                           27 Instructor in     Instructor in              (i) Diploma in Dancing awarded by
                              Dancing           Dancing                    Kalakshetra, Thiruvanmiyur; or
                                                                           (ii) Higher Grade Certificate awarded
                                                                           by the Director of Government
                                                                           Examinations, [Chennai]; or
                                                                           (iii) Natya Vishrada Examination
                                                                           Certificate conducted by the Tamil
                                                                           Nadu Music College, Adyar.


                              # - Only in 1977 Rules

[Explanation.- The “Technical Teachers' Certificate” means the Technical Teachers' Certificate awarded by the Education Department and includes the Teachers' Training Certificate issued by the Department of Industries and Commerce before 1963 and the Technical Teachers' Course Certificate issued by the Department of Employment and Training on and from the 1st January 1963.] Note I*: (Qualification has intentionally left blank here as they are not relevant for the present dispute).

Note II: For the Post at Serial Nos.9 to 13, 15 to 19, 22 to 27, multiple qualifications are required as compared to the qualification prescribed for “Vocational Instructor (General Machinist)” in Annexure V-B. Page Nos.40/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

72. A certain categories of “Instructors” also have been grouped along with “Teachers” in Table I to Annexure V of the 1974 Rules. They have however not prescribed qualification for “Vocational Instructors”.

73. Table II to Annexure V of the 1974 Rules stipulates 9 categories of “Teachers” and their qualifications for appointment in Private Special Schools. Similarly, Part II of Annexure III in 1977 Rules deals with “Qualifications for Appointment as Teachers in the Minority Special Schools for (1) deaf and dumb, (2) Blind, (3) Mentally retarded”. The qualifications of Teachers in Table II in Annexure V to the 1974 Rules are identical to that in Part II to Annexure III of the 1977 Rules. They are not relevant for our enquiry and are therefore not reproduced.

74. Table III to Annexure V to 1974 Rules prescribes the qualifications for “Non-Teaching Staff” to be appointed in Private Schools. Similarly, Part III to Annexure III to 1977 Rules deals with “Qualifications for the Non-Teaching Staff in Minority Schools including Training Schools”. Similar categories of qualifications are prescribed. For Page Nos.41/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 comparison, Table III to Annexure V to the 1974 Rules is extracted below:-

III. QUALIFICATIONS FOR THE NON-TEACHING STAFF IN PRIVATE SCHOOLS INCLUDING TRAINING SCHOOLS Name of the Post Qualifications (1) (2)
1. Clerks including Library Clerk S.S.L.C with eligibility for college course
2. Record Clerk, Laboratory and S.S.L.C. completed Library Assistant
3. Peons A pass in Standard VIII
4. Watchman, Waterman, Gardener, To read and write Tamil Sweeper and Scavenger

75. Table IV to Annexure V of the 1974 Rules prescribes qualifications for “Teachers” in Higher Secondary Schools viz., Headmasters, PG Assistants in academic subjects and Physical Directors in Higher Secondary Schools.

Qualification for the post of “Vocational Instructor” under 1974 Rules:-

76. A reference has to be made to Annexure V-B of the 1974 Rules for the qualification to the post of “Vocational Instructor” in a private Higher Secondary School. Annexure V-B to the 1974 Rules was inserted by G.O.Ms.No. 65, School Education (VE) dated 24.02.2009. Page Nos.42/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

77. The expression “Vocational Instructor” has been used in Rule 15(4)(ii)(ii), Rule 15(6-B) and Rule 15(6-C) of the 1974 Rules. Annexure V-B was inserted in the 1974 Rules for the purpose of implementing Rule 15(6-B) of the 1974 Rules. Rule 15(6-B) of the 1974 Rules reads as under:-

“(6-B) No person shall be eligible for appointment to the post of Vocational Instructor in a Recognized Private Higher Secondary School unless he possesses the qualifications specified in Annexure V-B.”

78. While Rule 15(4)(ii)(ii) of the 1974 Rules was inserted vide G.O.Ms.No.1376 dated 06.07.1981, Rule 15(6-C) of the 1974 Rules was inserted vide G.O.Ms.No. 65, School Education (VE) dated 24.02.2009 with effect from 24.02.2009 for appointment of “Vocational Instructor (General Machinist)”. Along with Rule 15(6-C) of the 1974 Rules, Annexure V-B was inserted in the 1974 Rules for the purpose of implementing Rule 15(6-B) of the 1974 Rules vide G.O.Ms.No. 65, School Education (VE) dated 24.02.2009.

79. In Annexure V-B of the 1974 Rules, there are five different categories of “Vocational Instructors” for different disciplines of vocational courses in Private Higher Secondary Schools. They are as Page Nos.43/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 follows:-

                                    Sl.            Table No.                                Category
                                    No.
                                        1              I                Vocational Instructor is recognised
                                                                        Private Higher Secondary Schools
                                        2              II               Vocational Instructor for Commerce
                                                                        and Business Administration
                                        3             III               Vocational Instructor for Agriculture
                                        4             IV                Vocational Instructor for Engineering
                                                                        and Technology
                                        5              V                Vocational Instructor for Health
                                        6             VI                Vocational Instructor for Photography
                                                                        and Music



80. Annexure V-B of the 1974 prescribes qualifications for these five categories of “Vocational Instructors”. As far as the post of ‘Vocational Instructor’ in ‘General Machinist’ with which we are concerned in the present case. A reference has to be made to Serial No. 5 to Table IV to Annexure V-B of the 1974 Rules under the category ‘Vocational Instructor for Engineering and Technology’.

81. The qualification prescribed for “Vocational Instructor (General Machinist)” in Annexure V-B of the 1974 Rules is as under:- Page Nos.44/68

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 IV. VOCATIONAL INSTRUCTOR FOR ENGINEERING AND TECHNOLOGY S. Name of the Qualification No. Post
5. General “A Diploma in Mechanical Engineering from a Machinist recognized Institution with one year practical experience”

82. Annexure V-C of the 1974 Rules as inserted by G.O.Ms.No.65, School Education (VE) dated 24.02.2009 prescribes the qualification for appointment of “Vocational Instructors (Computer Science)” in Higher Secondary Schools with which we are not concerned.

83. Thus, it is evident Annexure V and Annexure V-A of the 1974 Rules prescribe qualifications only for those categories of posts which qualify as “Teachers” and “Non-Teaching Staff”. Qualifications for “Vocational Instructor” are neither specified in Annexure V and Annexure V-A of the 1974 Rules.

84. While amending the 1974 Rules, in 2009, the definition of “Teacher” in Rule 2(c) of the 1974 Rules was thus not amended to include the expression “Vocational Instructors” within its ambit. The 1977 Rules was also not been amended to include the post of ‘Vocational Instructors’. Page Nos.45/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

85. Thus, “Vocational Instructors” are separately categorized under Annexure V-B for the purpose of Rule 15(6-B) of the 1974 Rules and Annexure V-C for the purpose of Rule 15(6-C) of the 1974 Rules. None of the other Annexures have treated the post of ‘Vocational Instructor’ on par with “Teacher” under the 1974 Rules.

86. This is also evident that the post of a 'Vocational Instructor (General Machinist)' is a “stand alone” post in a recognized private aided school under the 1974 Rules.

87. This is also the view of the decision rendered by a Division Bench of this Court in the case of Chief Educational Officer & Anr. Vs. D.Gnana Theeba Rani & Anr. in W.A.(MD).No.675 of 2024 vide its judgment dated 15.04.2024, wherein, one of us, the Hon'ble Mr.Justice R.Suresh Kumar was a member. Relevant portion of the said judgment reads as under:-

“8. The post of Pre-Vocational Instructor is a stand alone post, that has been sanctioned for the second respondent School and that the single post in the subject Sewing is compulsory for the girl students. Without a single Teacher, the girl students cannot be thought in the said subject. Even Page Nos.46/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 when there is any vacancy in staff fixation strength, it can be done only in respect of Teachers for general subjects and that it could be adjusted between Secondary Grade Teacher, BT Assistant and PG Assistant, but, however, in so far as the special Teachers are concerned, particularly, like the post of Sewing Teacher, Physical Instructor and so on, these posts are sanctioned only due to the fact that atleast single Teacher is compulsorily required to teach the students on the special subjects. Therefore, the contention that since students strength had fallen below 250 in number and therefore, even the single post could be rendered as surplus, cannot be accepted for the simple reason that without any Teacher for the special subjects, the girl students, who are studying in the School, cannot be thought, which has been taken note of by several orders by the other Division Benches and invariably directions have been issued to the State to approve those posts, which has been filled up in the sanctioned post. ” Method prescribed for the appointment of “Teachers”, “Vocational Instructors” and “Non-Teaching Staff” in Private Minority Schools:-

88. There are also different methods prescribed for appointment of “Teachers” and “Other Persons” under the 1974 Rules. Therefore, Rule 15(4)(ii) of the 1974 Rules is relevant for our discussion.

89. There is no clear method prescribed for appointment of a “Vocational Instructor” under the 1974 Rules. The 1977 Rules is also Page Nos.47/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 silent regarding the method of appointment to the post of 'Vocational Instructors' under 'General Machinist' as provided in Table IV to Annexure V-B of the 1974 Rules.

90. In fact, no procedure has been prescribed for appointment of “Other persons” also under the aforesaid Rules though certain categories of post of “Instructors” have been grouped along with the “Teachers” both in the 1974 Rules and 1977 Rules.

91. As far as “Other Persons” referred to in Section 19 of the 1973 Act and Rule 15 of the 1974 Rules are concerned, it would include both “Non-Teaching Staff” and certain categories of “Vocational Instructors” whose qualifications are not specified in Table I to Annexure V.

92. Rule 15(4)(ii) of the 1974 Rules prescribes the method to be followed for appointment of “Teachers” in a Private Schools. The above Rule applies to even minority institutions which are otherwise governed by 1977 Rules. It will be therefore profitable to refer to Rule 15(4)(ii) of the 1974 Rules which is extracted hereunder:-

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 “Rule 15(4):
(ii)Appointments to the various categories of Teachers shall be made by the following methods: -
(i) Promotion from among the qualified Teachers in that school; or
(ii) Promotion from among the qualified Vocational Instructors in that School;
(iii) If no qualified and suitable candidate is available by method (i) and (ii) above, -
(a) Appointment of other persons employed in that school, provided they are fully qualified to hold the post of teachers.
(b) Appointment of teachers from any other school.
(c) Direct recruitment.” In the case of appointment from any other school or by direct recruitment, the School Committee shall obtain the prior permission of the District Educational Officer in respect of Pre-Primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools, Teachers' Training Institutions setting out the reasons for such appointment. In respect of Corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of this Rule.
(d) Appointment to the post of Headmaster of Higher Secondary School shall be made by the method specified in clause (ii) either from the category of Headmasters of High Schools or Teachers' Training Institutes or from the category of Post-Graduate Assistants in academic subjects or Post-Graduate Assistants in Languages provided they possess the prescribed qualifications.]

93. Rule 15(4)(ii) of the 1974 Rules deals with appointments of “Teachers” and not of “Other Person” referred to in Section 19 of the Page Nos.49/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 1973 Act. A reading of Rule 15(4)(ii) of the 1974 Rules makes it clear that the method prescribed is only for the appointment of “Teacher” and “Head Masters” alone.

94. Under Rule 15(4)(ii) of the 1974 Rules, there are only three methods prescribed for appointment of ‘Teachers’. Methods of appointment of “Teachers” under the 1974 Rules can be summarised as follows:-

Rule 15(4)(ii): Appointments to the various categories of Teachers shall be made by the following methods: -
15(4)(ii)(i) 15(4)(ii)(ii) 15(4)(ii)(iii) Promotion from among Promotion from among the If no qualified and the qualified Teachers in qualified Vocational suitable candidate is that school. Instructors in that School available by method (i) and (ii) by:
(a) Appointment of other persons employed in that school, provided they are fully qualified to hold the post of teachers.
(b) Appointment of teachers from any other school.
(c) Direct recruitment.

95. Rule 15(4)(ii)(ii) of the 1974 Rules makes it clear that the post Page Nos.50/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 of “Vocational Instructors” in a private school was also a feeder post for promotion to the post of a “Teacher”. Thus, a qualified “Vocational Instructors” in a Private School can also be appointed by way of promotion in a School under Rule 15(4)(ii)(ii) of the 1974 Rules.

96. Rule 15(4)(ii)(iii) of the 1974 Rules applies only where promotion under Rule 15(4)(ii)(i) & (ii) of the 1974 Rules cannot be followed. Only for the purpose of appointment to the post of ‘Teachers’ as per Rule 15(4)(ii)(iii)(b) & (c), the “School Committee”, as defined in the Section 2(8) of the 1973 Act has to obtain a prior permission of the District Educational Officer (DEO) and Chief Educational Officer (CEO) as the case maybe.

97. For the sake of clarity, Rule 15(4)(ii)(iii)(b)&(c) and the paragraph below the said Rule are reproduced below:-

“Rule 15(4)(ii)(iii)(b)&(c):
(b) (c) Appointment of teachers from any Direct recruitment. other school.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 In the case of appointment from any other school or by direct recruitment, the School Committee shall obtain the prior permission of the District Educational Officer in respect of Pre-Primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools, Teachers' Training Institutions setting out the reasons for such appointment. In respect of Corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of this Rule.”

98. Thus, permission/prior approval of the District Educational Officer (DEO) or the Chief Educational Officer (CEO) are required for appointment of a “Teacher” in a private school only under the following specified circumstances in Rule 15(4) of the 1974 Rules:-

Method of Appointment Class/Stage of School Competent Authority for obtaining Requisite permission Appointment of Teachers Pre-primary and Primary District Educational from any other school; or; Officer (DEO) Appointment of Teachers High Schools, Higher Chief Educational Officer by way of 'Direct Secondary and Teacher (CEO) Recruitment' Training Institutions

99. In the case of appointment of “Teachers” by way of promotion among the qualified teachers in that school as under Rule 15(4)(ii)(i) of the 1974 Rules or by way of promotion from among the qualified “Vocational Instructors” as under Rule 15(4)(ii)(ii) of the 1974 Rules or by way of Page Nos.52/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 appointment of other persons employed in the same school as under Rule 15(4)(ii)(iii)(a) of the 1974 Rules, no permission is required. Therefore, appointment of “Vocational Instructors” need not precced a prior approval of District Educational Officer (DEO) in case of a Pre-primary and Primary or of the Chief Educational Officer in the case of High Schools, Higher Secondary and Teacher Training Institutions.

Permission required only under specified circumstances for Appointment of ‘Teachers’:-

100. As long as such person who is appointed to any of the post under “other persons” viz., 'Vocational Instructors' in the present case have requisite qualification and appointment is made in accordance with the sanctioned post as per the staff fixation order of the 4th Appellant, the appointment is valid under the 1974 Rules. No prior approval is required for appointment to the post of “Non-Teaching Staff” and “Vocational Instructors” viz., “Other Persons” as under the 1974 Rules and 1977 Rules.

101. This position further gets clarified from a reading of paragraph Page Nos.53/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 below the Rule 15(4)(ii) of the 1974 Rules. For the sake of clarity, the said paragraph is reproduced below once again:

“In the case of appointment from any other school or by direct recruitment, the School Committee shall obtain the prior permission of the District Educational Officer in respect of Pre-Primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools, Teachers' Training Institutions setting out the reasons for such appointment. In respect of Corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of this Rule.”

102. Rule 15(4)(ii) of the 1974 Rules also does not deal either with “Non Teaching Staff” or “Vocational Instructor” referred to in Rule 15(6- B) of the 1974 Rules. In fact, there is no method prescribed for the appointment of “Other Persons’ viz., “Non-Teaching Staff” and “Vocational Instructor” referred to in Rule 15(6-B) under the 1974 Rules.

103. Thus, it is evident from a reading of the Rule 15(4)(ii) of the 1974 Rules that only for appointment of ‘Teachers’ in a Private School, the ‘School Committee’ has to comply with the requirements of Rule 15(4)(ii) of the 1974 Rules.

104. A provision similar to Rule 15(4)(ii) to the 1974 Rules has not Page Nos.54/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 been prescribed for appointment of a person either as a “Non Teaching Staff” or as a “Vocational Instructor”. Only qualifications have been prescribed in Rule 15(6-B) of the 1974 Rules for the post of “Vocational Instructors”.

105. No procedure has been prescribed for the appointment of “Other Persons” including that of ‘Non-Teaching Staff’ as in Table III to Annexure V and ‘Vocational Instructor’ in Table IV to Annexure V-B of the 1974 Rules. Only in the appointment of “Teachers” under Clause (b) and

(c) to Rule 15(4)(ii)(iii) of the 1974 Rules prior appointment is required.

106. Neither, Rule 15(4) nor any other Rule under 1974 Rules had prescribed any procedure for a method for appointment of “Other Persons” and a qualified “Vocational Instructors” in a private school.

107. Only for the appointment of a ‘Teacher’, prior approval has to be obtained under the circumstances specified in Rule 15(4)(ii)(iii)(b) & (c) of the 1974 Rules. As far as ‘Non-Teaching Staffs’ and ‘Vocational Page Nos.55/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 Instructors’ are concerned, no such approval is required.

108. Therefore, under the 1974 Rules, only for appointment of “Teachers”, prior approval of the 4th Appellant is contemplated. As far as “other persons” are concerned, the appointment is left to the management of the private school.

109. Since 'Vocational Instructor' is not a 'Teacher' for the purpose of 1974 Rules, the method prescribed for appointment of “Teachers” in a Private School under Rule 15(4)(ii)(iii)(b) & (c) of the 1974 Rules is not applicable for appointment of a 'Vocational Instructor' in a Private School.

110. Therefore, in the absense of a clear method for appointment of 'Vocational Instructor (General Machinist)', either under the 1974 Rules or 1977 Rules, the appointment of a 'Vocational Instructor' has to be left to the Management of a Private School.

111. As long as it is a sanctioned post, the Management can make Page Nos.56/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 such appointments without the approval of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools.

112. Thus, a post of “Vocational Instructor” referred to in Rule 15(6- B) of the 1974 Rules in a private school was a stand alone post. While a “Vocational Instructor” serving in a school was eligible to be promoted a “Teacher” subject to he or she or they possessing requisite qualifications in Table I to Annexure V, no method has been prescribed for the appointment of a “Vocational Instructor” under the 1974 Rules.

113. Unless the Teacher-Pupil ratio was revised by the 4th Appellant/Director of School Education under Rule 15(1) of the aforesaid Rules, it has to be construed that the post of ‘Vocational Instructor’ was a regular post and on account of a vacancy caused by the previous incumbent, the 2nd Respondent School was entitled to fill in the vacancy on ‘regular basis’ under Rule 15(3) of the 1974 Rules.

114. Only under the new regime, under TNPS(R) Act, 2018 and TNPS(R) Rules, 2023, with effect from 13.01.2023 being the date on which Page Nos.57/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 they came into force, the comprehensive method has been prescribed for appointment of both the ‘Teaching’ and ‘Non-Teaching Staffs’.

115. Under the new regime, the post of a “Vocational Instructor” has been treated on par with the post of a “Teaching Staff” as the said post is specified in S.No.16 in Annexure IV-A to TNPS(R) Rules, 2023 and grouped along with the qualification for 'Teachers'.

116. This is evident from a conjoint reading of Rule 28 of the TNPS(R) Rules, 2023 with Annexure IV-A and the definition of “Teacher” in Rule 2(1)(j) of the TNPS(R) Rules, 2018. Rule 2(1)(j) of the TNPS(R) Rules, 2018 is reproduced below:-

“2. Definitions. - (1) In these rules, unless the context otherwise requires,-
(j) “Teacher” means a person possessing the minimum qualifications as prescribed in Annexure IV-A and employed in a private school for the purpose of imparting education to the pupils and includes the Headmaster.”

117. For the sake of clarity, Rule 28(2) of the TNPS(R) Rules, 2023 is also reproduced below:-

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118. Thus, there is a clear delineation under the 1974 Rules. The qualifications are relevant to fix the category to which a particular person can be pigeon holed i.e., whether as a “Teachers” or as “Other persons” i.e., as “Non Teaching Staff” in the matter of appointments under the respective Rules.

119. The post of a “Vocational Instructor (General Machinist)” has neither been categorized along with the post of a “Teacher” in Table I, Table IV to Annexure – V of the 1974 Rules or under Annexure V-A of the 1974 Rules nor along with the various post of “Non-Teaching Staff” in Table III of Annexure – V of the 1974 Rules.

120. Since, no specific method/procedure has been prescribed for appointment of “Non Teaching Staff” and “Other Persons” under the 1974 Rules, the same has to be followed in the matter of appointment of “Vocational Instructor” i.e., appointment is to be left to the management. Page Nos.59/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024

121. Since, under 1974 Rules, prior permission/approval from the District Education Officer (DEO) in respect of pre-primary, primary and middle school and from Chief Education Officer (CEO) in respect of High School and Higher Secondary School etc, it cannot be insisted.

122. The criteria to be met is that the person should meet the required qualifications provided in Table III to Annexure V and Annexure V-B in the 1974 Rules to the post mentioned therein and the appointment should not exceed the Teacher Pupil Ratio, presently, ‘Staff Fixation’, sanctioned by the Director of School Education.

123. In this case, the Teacher-Pupil Ratio for the Academic Year 2018-2019 indicates that a post available for Vocational Teacher (Full Time) in the General Machinist group is available.

124. The Appellants have also not brought any document to show that the Teacher-Pupil Ratio was revised under Rule 15(1) of the 1974 Rules during the Academic Year 2017-2018. It is also not the case of Appellants Page Nos.60/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 that the appointment of the 1st Respondent/Writ Petitioner in the 2nd Respondent School as ‘Vocational Instructor’ in the General Machinist group was excess and was unwarranted. Therefore, as no procedure was prescribed for appointment of ‘Vocational Instructors’ under the 1974 Rules, the Appellants are merely required to take note of the same.

125. In the present case, the previous incumbent viz., Mr.K.Siva Prakasam who was working as Vocational Instructor (General Machinist) had attained superannuation on 31.05.2017. The appointment of the 1st Respondent/Writ Petitioner as a ‘Vocational Instructor’ was against a permanent sanctioned post of Vocational Instructor.

126. Therefore, it has to be held that the post of ‘Vocational Instructor’ was a sanctioned post in the 2nd Respondent School. Therefore, the 2nd Respondent School was entitled to appoint the 1st Respondent/Writ Petitioner on account of the regular vacancy in terms of Rule 15(3) of the 1974 Rules.

127. Therefore, vacancy arising out of superannuation of the 41 Page Nos.61/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/05/2025 05:45:21 pm ) W.A.No.3057 of 2024 previous incumbent viz., Mr.K.Siva Prakasam was correctly be filled by the 2nd Respondent School without the approval of the 4th Appellant.

128. The appointment of the 1st Respondent/Writ Petitioner as a 'Vocational Instructor' on 01.09.2017 in General Mechanics in the 2nd Respondent School was proper. The fact also remains that the 1st Respondent/Writ Petitioner continued to be in the service as a ‘Vocational Instructor’ in the 2nd Respondent School for over a period of seven years. Therefore, on this count also there is no justification in the stand of the Appellants.

129. There was no method prescribed for appointment of either the “Other person” albeit “Non Teaching Staff” or the “Vocational Instructor’ in the 1974 Rules. Therefore, the post of “Vocational Instructor’ in the 1974 Rules was in a sense a standalone post in a school to expose students to the practical side and no prior permission is required for the appointment of 'Vocational Instructor' in a private school as it is required for the post of 'Teachers' under the 1974 Rules.

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130. In the light of the facts and circumstances of the present case and also, in the light of the decision of the Hon’ble Supreme Court as well as the decisions of the Division Bench of this Court and in the light of the aforesaid decisions, the impugned order dated 21.03.2024 passed by the Writ Court in W.P.No.9971 of 2021 allowing the writ petition does not warrant any interference. Therefore, this Writ Appeal is liable to be dismissed.

131. Accordingly, this Writ Appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

                                                                        (R.S.K., J.)          (C.S.N., J.)
                                                                                   09.05.2025


                     Neutral Citation: Yes / No

                     mrr/arb/msm




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                     To:

                     1.The Secretary to Government,
                       School Education Department,
                       Fort St.George, Chennai – 9.

                     2.The Joint Director,
                       (Higher Secondary Vocational),
                       College Road, Chennai – 6.

                     3.The Chief Educational Officer,
                       Tiruvannamalai District.

                     4.The District Educational Officer,
                       Tiruvannamalai District.



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                     5.The Correspondent,
                       Danish Mission Higher Secondary School,
                       Tiruvannamalai District.




                                                                                    R.SURESH KUMAR, J.
                                                                                                 and
                                                                                       C.SARAVANAN, J.

                                                                                              mrr/arb/msm




                                                                                      W.A.No.3057 of 2024



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                                                                                      09.05.2025




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