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16.When the service conditions of Teachers in Rule 15 say so, similar procedure are to be adopted for the purpose of regulating the surplus https://www.mhc.tn.gov.in/judis Teachers, who all are identified during the inspection by the competent authorities of the education department.

17.Therefore, on identification of surplus Teachers, they are to be redeployed in the vacancies available in the same school or in any other school within the Corporate Management / Joint Management as the case may be and if no posts are available either in the school, in which the Teacher is working or in the Corporate Management or in the Joint Management, then alone such Teachers are to be redeployed in any other school, where the vacancies are available. The said procedure is settled by the Division Bench of this Court in the case of Secretary to Government, Government of Tamil Nadu, school Education Department and others vs. Iruthaya Amali and another reported in [W.A.(MD)76 of 2019 etc., batch] dated 31.03.2021.

21.However, it is necessary to clarify that the staff strength of the school is to be fixed on unit basis and as decided by the Division Bench at para 95(b) of the Iruthaya Amali's case. There is no dispute that the school https://www.mhc.tn.gov.in/judis shall be a unit and not the educational agencies/joint management/corporate management for the purpose of fixation of cadres. However, for the purpose of identification of surplus and redeployment, para 95(v) is to be followed. Thus the school shall be a unit for the purpose of fixation of cadre strength and for redeployment. The relief granted in para 95(v) in Iruthaya Amali's case is to be adopted by accommodating the surplus Teachers initially in the school concerned or in the corporate management/joint management and if no vacancies are available either in the school or in corporate management/joint management, thereafter, those Teachers can be accommodated in any other school, where the vacancies are available for redeployment.

22.The learned Additional Advocate General made an undertaking that after redeployment of surplus Teachers from one school to another school, if student strength has been increased in compliance with Pupil- Teacher ratio or additional posts are sanctioned, then those redeployed Teachers will be reverted back to his/her parent school or Unit as the case may be based on their respective seniority. It is needless to state that the junior most Teacher has to be declared as surplus. If more Teachers are https://www.mhc.tn.gov.in/judis found surplus over and above the sanctioned strength and after declaring those junior most Teachers as surplus and they being redeployed to any other school, thereafter on arising of vacancy in their parent school, they must be redeployed to their parent school and in this regard, the appellants have no objections and such a procedure is to be followed scrupulously wherever required.

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

34.Therefore, we are of the considered opinion that, wherever the school is considered as a single Unit and no surplus Teachers are identified then approval is to be granted to those Teachers, who were appointed by following the procedures as contemplated under the Act and Rules in force and if they satisfy other conditions stipulated.

35.In respect of subject conversion, if prior permission was already granted by the competent educational authorities, then such subject conversion is to be approved in accordance with the procedures contemplated. On identification of surplus Teachers, if the school is a unit, then those Teachers are to be redeployed in any other school within the Corporate Managements/joint managements, if posts are available and in the event of non availability of posts, the surplus Teachers are to be redeployed in any other schools, wherever the vacancies are available.