Madras High Court
St. Sebastian'S High School vs The Government Of Tamil Nadu on 25 January, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2018
CORAM:
THE HON'BLE Mr. JUSTICE R.MAHADEVAN
Writ Petition No.38090 of 2005
St. Sebastian's High School,
Rep. by its Correspondent,
Fr. J.Amalraj, Nagalur Village, Athani (Via),
Bhavani Taluk, Erode District ... Petitioner
..vs..
1. The Government of Tamil Nadu,
Rep. by its Secretary,
Personal and Administrative Reforms (P)
Department, Fort St. George, Chennai 600 009
2. The Government of Tamil Nadu,
Rep. by its Secretary, School Education Department,
Fort St. George, Chennai - 9
3. The Director of School Education,
DPI Campus, College Road, Chennai 600 006
4. The District Educational Officer,
Gobichettipalayam, Erode District ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to G.O.Ms.No.212 dated 29.11.2001 on the file of the 1st respondent and quash the same consequently directing the respondents to accord approval to the appointment of C.Mariya Joseph as Junior Assistant in St.Sebastians High School Nagalur Village Athani (via) Bhavani Taluk Erode District with effect from 14.4.2004 with all attendant and monetary benefits.
For Petitioner : Rev. Fr. A.Xavier Arulraj, Sr. Counsel, for,
Mr. S.M.Edward Stanley
For Respondents : Mr. C.Munusamy, Spl.G.P., (Edu.)
---
O R D E R
Seeking a direction against the respondents to accord approval to the appointment of one C.Mariya Joseph as Junior Assistant in the petitioner-school, with effect from 14.4.2004, with all attendant and monetary benefits, this writ petition has been filed by the petitioner.
2. According to the petitioner, questioning the ban imposed on appointment by G.O.Ms.No.212, dated 29.11.2001, and out of necessity, the appointment effected by the petitioner on certain non-teaching staff during the ban period, the claim of the petitioner came to be negatived. Challenging the same, the petitioner is before this Court with this writ petition.
3. Heard the learned counsel appearing for both sides.
4. At the outset, the learned counsel appearing for both sides submitted that the issue of appointment and approval of non-teaching staff in Aided Minority and Non-Minority schools governed by the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, and the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974, framed in exercise of the powers conferred under the Act, had already been elaborately considered and reached finality at the Apex Court and consistently the Division Benches of this Court have declined to accept the contentions of the Government; very many writ petitions, on the same subject matter, came to be allowed by this Court also.
5. Further, the Hon'ble Division Bench of this Court, in the latest case of The Government of Tamil Nadu, Rep. by its Secretary and three others v. Miss.S.Mary Victoria and another, in W.A.No.13 of 2010, dated 07.12.2016, after discussing in detail the subject matter and after relying upon all the important decisions on the point, has observed as follows:-
"(v). In W.A.No.1916 of 2009 (S. Arul Raj Vs. The Government of Tamil Nadu, rep. By its Secretary, Department of School Education, Fort St. George, Chennai 600 009 and three others) dated 19/9/2011, a Hon'ble Division Bench held as follows:-
5. Learned counsel for the appellant submitted that this case is squarely covered by the decision of this Court dated 12/7/2010 in W.A.No.276 of 2009, wherein this Court has held as follows:-
4. When the matter was taken up for hearing, the learned counsel appearing for the respondent has submitted that in a connected matter viz., Special Leave to Appeal (Civil) Nos.987 and 9838 of 2010 (Secretary to Government & Others Vs. D. Samuel Raj Thomas & Another), the Supreme Court by order dated 26/3/2010 dismissed the Special Leave Petitions on the ground of delay and on merits and the question of law was left open. By producing a copy of the order in a connected matter in Special Leave to Appeal (Civil) 4734 of 2009 (Secretary Education Department & Others Vs. S.D.Rajkumar & Another), the learned counsel for the respondent has also submitted that in the said case, the Supreme Court has stayed the contempt proceedings, if any, and not the judgment passed in the Writ Appeal. Therefore, it is submitted that since the main issue has been dealt with by the Supreme Court, nothing remains in the present writ appeal and it is liable to be dismissed.
5. Learned Special Government Pleader appearing for the appellants, though not disputed the above position, sought time for getting instructions. However, he submitted that the stay granted by the Supreme Court relates only to contempt proceedings and there is no stay of the judgment made in the writ appeals.
6. In view of the fact that there is no stay in the Special Leave Petitions preferred against the judgment of the writ appeals relating to approval of appointment during the ban period and some of the SLPs were dismissed, the present writ appeal is dismissed.
6. Following the said decision, this writ appeal is allowed. No costs.
6. In view of the settled principle of law that any school, either minority / private / aided or unaided, is entitled to fill up the vacancy arising on account of promotion, retirement, removal, dismissal, etc., against a sanctioned post already approved by the school authorities, without even obtaining prior permission from the Government and admittedly, C.Mariya Joseph, has been appointed against a vacancy relating to the sanctioned (Non-Teaching) post, and following the said decision, referred to supra, the respondents are hereby directed to grant approval to the appointment of the said individual, as Junior Assistant in St.Sebastians High School Nagalur Village Athani (via) Bhavani Taluk, Erode District, with effect from 14.04.2004, with all attendant and monetary benefits, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of. No costs.
25.01.2018 Index : Yes / No Web : Yes / No Speaking Order / Non Speaking Order.
srk To
1. The Secretary, Government of Tamil Nadu, Personal and Administrative Reforms (P) Department, Fort St. George, Chennai 600 009
2. The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 9
3. The Director of School Education, DPI Campus, College Road, Chennai 600 006
4. The District Educational Officer, Gobichettipalayam, Erode District R.MAHADEVAN, J., srk W.P.No.38090 of 2005 25.01.2018