1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12527 of 2011 and M.P(MD)Nos.1 & 2 of 2011 The Correspondent, R.C.Middle School, Ilayarasanendal, Tuticorin – 627 713 Tuticorin District. .. Petitioner Vs. 1.The Director of Elementary Education, College Road, Chennai – 600 006. 2.The District Elementary Educational Officer, Tirunelveli District at Tirunelveli. 3.The Assistant Elementary Educational Officer, Kuruvikulam, Tirunelveli District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the second respondent District Elementary Educational Officer in Na.Ka.No.2521/Aa1/2011 dated 11.07.2011, quash the same and further direct the second respondent to approve forthwith the appointment of S.Malarvizhi as Sewing Mistress in the petitioner School from the date of her appointment i.e., 15.06.2011 and disburse the grant-in-aid towards her salary with effect from the said date. For Petitioner : Mr.Issac Mohanlal For Respondents : Mrs.S.Bharathi Government Advocate O R D E R The present Writ Petition has been filed by the petitioner seeking quashment of the impugned order passed by the second respondent-District Elementary Educational Officer, dated 11.07.2011, on the ground that the petitioner School is entitled to appoint a new teacher, in view of the fact that one previous teacher S.Ranjitham happened to be transferred to Madurai District on account of getting compassionate appointment on the death of her husband. 2. Heard Mr.Issac Mohanlal, learned Counsel for the petitioner and Mrs.S.Bharathi, learned Government Advocate, takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner-School was established in the year 1943, as a Primary School. Subsequently, the same was upgraded as a Middle School in the year 1968. Being a recognised and aided School by the Government of Tamil Nadu, it has been offering education from standards I to VIII, through Tamil medium of instruction. It was also submitted by the learned Counsel for the petitioner that the petitioner-School is a Minority Educational Institution providing education free of charges and at any point of time, no fee is collected from the children, except a small sum specified by the Government. 5. While so, teachers should be appointed in accordance with the teacher-students ratio, namely, 1:40, as prescribed by the Government of Tamil Nadu in G.O.Ms.No.525. Under the said circumstances, when the present student-strength of the petitioner-School is 260, there are 9 teachers (1 Headmistress, 7 Secondary Grade Teachers and 1 Sewing Mistress, who was presently working in the School) and one of the Sewing Mistress S.Ranjitham, who was working till 14.02.2011, was offered an employment in the Government High School, South Street, Madurai District, on compassionate ground, since her husband Chandrasekaran suddenly died on 18.08.2010 while inspecting a fire cracker unit as the Revenue Inspector. When she was relieved from the petitioner-School on 14.02.2011, the School appointed a fully qualified candidate S.Malarvizhi as Sewing Mistress with effect from 15.06.2011. The petitioner-School submitted proposal to the second respondent-the District Elementary Educational Officer, Tirunelveli District, for disbursement of grants towards salary. But the second respondent in his proceedings, dated 11.07.2011, returned the proposal stating that if the post had fallen vacant due to retirement, resignation or death, it should be surrendered to the Director, as per the proceedings of the second respondent, dated 07.06.2000. 6. At this juncture, the grievance of the petitioner is that the petitioner-School being a Minority Educational Institution, the question of getting prior permission for filling up the vacant posts does not arise, cannot be accepted by this Court, for the simple reason that when the previous teacher S.Ranjitham was appointed as Sewing Mistress, there has been a specific condition in the order granting approval of appointment of S.Ranjitham that after the said post fall vacant, before filling up the said vacancy prior permission should have been sought for. Therefore, the stand taken by the petitioner-School that they being a Minority Educational Institution, the question of getting prior permission for filling up of any posts does not arise is not legally valid and tenable. May be the post of Sewing Mistress is the only available post for the whole 260 students of the School. But, when the petitioner-School has sought for approval of appointment of S.Ranjitham, the respondents have categorically made the position very clear that in future, the post of Sewing Mistress falls vacant prior permission should have been obtained, but breaching the said condition, the petitioner- School has appointed S.Malarvizhi, as a Sewing Mistress. 7. Therefore, this Court does not find any infirmity or error to interfere with the impugned order, dated 11.07.2011, passed by the second https://hcservices.ecourts.gov.in/hcservices/ 3 respondent. Hence, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) To 1.The Director of Elementary Education, College Road, Chennai – 600 006. 2.The District Elementary Educational Officer, Tirunelveli District at Tirunelveli. 3.The Assistant Elementary Educational Officer, Kuruvikulam, Tirunelveli District. +1cc to Special government Pleader, Sr.No.38114 +1cc to Mr.Isaac Mohanlal, Advocate, SR.No.38019 ps GH : 23.11.2011 : 3p/6c W.P(MD)No.12527 of 2011 03.11.2011 https://hcservices.ecourts.gov.in/hcservices/