1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9085 of 2011 and M.P (MD) Nos.1 & 2 of 2011 R.Felcy Rani Latha ... Petitioner Vs. 1.The District Educational Officer, Cheranmadadevi at Tirunelveli, Tirunelveli District. 2.G.Arul The Correspondent, CMS Evangelical Suvi David Memorial Higher Secondary School, Karisal, Karisalpatti Post – 627 414 Tirunelveli District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the first respondent-District Educational Officer in A.thi.Mu.No.2180-A3/2011 dated 16.06.2011 and quash the same and further direct the first respondent-District Educational Officer to approve forthwith of the appointment of the petitioner as Post Graduate Assistant (English) in the second respondent School namely, CMS Evangelical Suvi David Memorial Higher Secondary School, Karisal w.e.f 01.06.2010 and disburse the salary and other attendant benefits from 01.06.2010. For Petitioner : Mr.G.Prabhu Rajadurai For R – 1 : Mr.S.Chandrasekar Government Advocate O R D E R According to the petitioner, she has been appointed as Post Graduate Assistant (English) in CMS Evangelical Suvi David Memorial Higher Secondary School, Tirunelveli District and joined the service, on 01.06.2010. The appointment was made, in the resultant vacancy caused due to the retirement of one Mr.L.Alexander, who retired from service on 28.02.2010. The School is an aided School. When the Correspondent, CMS Evangelical Suvi David Memorial Higher Secondary School, the second respondent herein, sent a proposal to the District Educational Officer, Cheranmahadevi at Tirunelveli, Tirunelveli District, the first respondent herein, he ought to have approved the appointment. As he had failed to exercise his duties, the petitioner was constrained to send https://hcservices.ecourts.gov.in/hcservices/ 2 representations to the first respondent on 10.06.2010, 12.10.2010 and 17.06.2011 respectively. Instead of approving the appointment, the District Educational Officer, Cheranmahadevi at Tirunelveli, Tirunelveli District, the first respondent herein, by proceedings in No.2180- A3/2011, dated 16.06.2011, returned the proceedings, stating that the School is under direct payment, approval cannot be granted and further sought for an explanation from the Headmaster, as to how the proposals can be forwarded to him. 2. Being aggrieved by the non-approval of the petitioner, in the post of Post Graduate Assistant (English), the petitioner has filed the present writ petition, seeking for a Writ of Certiorarified Mandamus to quash the above said order and consequently, prayed for a direction to the first respondent to approve the appointment forthwith and disburse the salary along with benefits from 01.06.2010 onwards. 3. Assailing the correctness of the order, Mr.G.Prabhu Rajadurai, learned counsel appearing for the petitioner submitted that when the appointment of the writ petitioner has been made by the Correspondent, on 14.05.2010, as Post Graduate Assistant (English), dated 01.06.2010, in accordance with the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act and the Rules framed thereunder, by the competent authority, namely, the second respondent herein, who was the then Correspondent of the School, the District Educational Officer, Tirunelveli District, the first respondent herein, is bound to approve the appointment, after verifying the Educational and other eligibility criteria. 4. According to the learned counsel for the petitioner, the appointment was against a sanctioned post. He further submitted that, even assuming that the school is under direct payment, on account of some internal disturbance, it is the duty of the first respondent to approve the appointment, so long as there is no contravention of the provisions of the the Tamil Nadu Recognised Private Schools (Regulation) Act and Rules framed thereunder, in the matter of appointment. In the above said circumstances, he prayed for appropriate orders. 5. Earlier, when the matter came up on 12.08.2011, the learned Government Advocate was directed to take notice and get instructions. On this day, on instruction he submitted that the appointment, was against a sanctioned post. The submission of the learned Government Advocate is placed on record. 6. Perusal of the material on record shows that CMS Evangelical Suvi David Memorial Higher Secondary School, Karisalpatti, Tirunelveli District is an aided School. Consequent to retirement of Mr.Alexander, Post Graduate Assistant (English), the petitioner has been appointed on 14.05.2010 and that she has joined the school on 01.06.2010. Proposal for approval of the petitioner's appointment, has been sent on 01.06.2010 along with S.S.L.C Certificate, Higher Secondary Course Certificate, B.A. English Certificate, M.A. English Certificate, B.Ed Certificate, Transfer Certificate and Attendance Register, dated 01.08.2010, staff fixation to the year 2010-2011, to the District Educational Officer, Cheranmahadevi. https://hcservices.ecourts.gov.in/hcservices/ 3 7. Material on record discloses that the petitioner has also sent a letter, dated 12.10.2010, requesting the first respondent to grant approval of her appointment and disburse the salary due and payable to the post of Post Graduate Assistant (English) in CMS Evangelical Suvi David Memorial Higher Secondary School, Karisalpatti, Tirunelveli District. On 03.05.2011, the second respondent, Correspondent of the CMS Evangelical Suvi David Memorial Higher Secondary School, has sent a reminder to the District Educational Officer. However, the District Educational Officer, Cheranmahadevi (Incharge) Tirunelveli District has returned the proposal on the ground that the School is under direct payment and he has sought for an explanation from the Headmaster of the School. 8. Rule 19 of the Tamil Nadu Private Schools (Regulation) Rules, 1974 speaks about the procedure for payment of pay and allowances to teachers and other persons in private Schools. In respect of High Schools and Higher Secondary Schools, the Secretary of High School and Higher Secondary Schools shall submit an application to the District Educational Officer, every month for monthly staff grant in the form. It shall be accompanied by a detailed statement of the staff employed from first to the last day of the month. The statement shall be signed by both the Headmaster and the Secretary of the School. The statement shall reach the District Educational Officer before the 22nd of every month. Based on this statement, the District Educational Officer shall sanction staff grant in the specified bill form, before the 25th of the month, at the latest so as to enable the Secretary to encash the bill on the first of the succeeding month or any date authorised by the Director of School Education and disburse the salaries of the employees on the same day. 9. Admittedly, the petitioner School is an aided minority School. In such circumstances, the Manager/Correspondent of the aided minority School, is the competent authority to send the monthly statement to the District Educational Officer for disbursement of salaries. Therefore, as per Clause III of Rule 19 of the Tamil Nadu Private Schools (Regulation) Rules, 1974, before releasing the teaching grant or staff grant, the District Educational Officer shall verify and satisfy himself as to whether the appointment has been made by the competent authority is in accordance with the rules and Government Orders in force. Needless to say, that in minority institution, there is no special committee. 10. Therefore, it is the duty of the manager/Correspondent of a minority Educational Institution to send the monthly statement. The District Educational Officer is, before disbursement, has to verify whether the appointment of the teaching staff, is in accordance with the statutory provisions and Rules made thereunder, regarding the qualifications, mode of appointment, roster and other factors, which are necessary for the purpose of approving the appointment. 11. In the case on hand, the District Educational Officer, Cheranmahadevi at Tirunelveli, Tirunelveli District is aware of the fact the school is under direct payment. Therefore, the manager/Correspondent cannot send any monthly statement for the purpose https://hcservices.ecourts.gov.in/hcservices/ 4 of releasing staff grant. When the School is under direct recruitment, salary would be directly sent to the Headmaster of the School for disbursement, who shall prepare the statement, for claiming sanction of staff grant in the specified form. 12. In such circumstances, the District Educational Officer ought to have considered the proposal sent by the Headmaster of CMS Evangelical Suvi David Memorial Higher Secondary School and verified the details of the appointment made against a sanctioned post like the educational qualifications, mode of appointment and consequently granted approval of appointment to the post of Post Graduate Assistant (English) in CMS Evangelical Suvi David Memorial Higher Secondary School. 13. In such view of the matter, the first respondent is directed to consider the approval of the petitioner in the above said post, as and when, the Headmaster of CMS Evangelical Suvi David Memorial Higher Secondary School submits a fresh proposal for approval. Considering the plight of the writ petitioner who has been working without salary from 16.05.2010 onwards, against a sanctioned post, orders on the approval of the appointment, is directed to be passed within one month from the date of receipt of a fresh proposal from the Headmaster of the second respondent School. 14. Accordingly, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The District Educational Officer, Cheranmadadevi at Tirunelveli, Tirunelveli District. 2.G.Arul The Correspondent, CMS Evangelical Suvi David Memorial Higher Secondary School, Karisal, Karisalpatti Post – 627 414 Tirunelveli District. +1 CC to Special Government Pleader (SR.No.29539) W.P.(MD)No.9085 of 2011 26.08.2011 ps/vs NSV/30.8.11/4P/4C https://hcservices.ecourts.gov.in/hcservices/