IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:26.06.2008 CORAM: THE HON'BLE MR.JUSTICE M.CHOCKALINGAM AND THE HON'BLE MR.JUSTICE S.PALANIVELU W.A.NO.468 OF 2002 The Latin Diocese of Trivandrum St.Aloysius Higher Secondary School, Marthandamthurai by its Correspondent Rev.Fr.FJ.Antony ParestalHouse,Kanyakumari ..Appellant Vs. 1.The Government of Tamil Nadu rep. by its Secretary Education Department, Fort St.Geroge, Madras 600 009. 2. The Director of School Education, College Road, Madras 600 006 3. The Chief Educational officer, Nagercoil, Kanyakumari District. 4. The District Educational Officer, Kuzhithurai. ..Respondents Writ appeal filed against under Clause 15 of the Letters Patent Appeal against the order dated 4.10.2001 and made in W.P.No.22233 of 1993. Writ Petition filed under Article 226 of the constitution of India to issue a writ of mandamus, directing the respondents herein to sanction 3 posts of secondary grade teachers, 4 posts of B. T. Teachers and grant aid for those posts with effect from Academic year 1989-90 and sanction of Additional Post of physical Director to the petitioner's School for 1991. For appellant : Mr.T.Arulraj For Respondents: Mr.R.Thirugnanam Special Government Pleader ----- https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT (Judgment of the Court was delivered by M.CHOCKALINGAM,J) Challenge is made to the order of the learned Single Judge made in WP.No.22233 of 1993 whereby the writ petition filed by the petitioner seeking writ of mandamus directing the respondent to sanction 3 posts of Secondary Grade Teachers, 4 posts of B.T.Techers and grand aid for those posts with effect from academic year 1989-90 and sanction of additional post of physical director to the school. 2. After looking into the affidavit filed in support of the writ petition and also the counter affidavit, the learned single dismissed the writ petition on the sole ground that the petitioner is not entitled to ask for a direction, since the petitioner's Institution was not granted recognition for standard VI to X beyond 31.5.1982 and hence the petitioner's Institution has no right to claim additional posts. 3.When the above matter was taken up for enquiry this day, learned counsel for the petitioner Institution has filed additional documents to the effect that recognition was granted to the petitioner's institution on 12.1.2002 for the period from 1.6.1982 to 31.5.2002 for standards VI to X, but document could not be produced at the time when the matter was taken up for enquiry. In view of the recognition granted, they are entitled for the additional posts. Further it is added that the petitioner's Institution is entitled to have the strength of Secondary Grade Teachers 12, but actually there are 9 posts and hence three posts have to be sanctioned, equally in so far as B.T. Teachers are concerned, 8 posts have got to be sanctioned, but only four posts are available and hence four more to be sanctioned and in respect of physical director post is concerned, two posts have got to be sanctioned, one post is available and hence one post has got to be sanctioned. 4. In the counter affidavit filed by the respondents, the posts to which the petitioner's Institution is entitled to, the availability of teachers and the remaining posts to be filled up, are in dispute. 5. The Court heard the learned counsel for the respondents on the above contentions. https://hcservices.ecourts.gov.in/hcservices/ 6. After hearing the counsel on either side, this Court is of the considered view that once the recognition has been granted as could be evident from the documents now filed for the period from 1.6.1982 to 31.5.2002 for the standards VI to X on the condition that sufficient number of qualified teachers should be appointed, now there cannot be impediment for grant of sanction as one required under the rules. Therefore, the respondents are directed to look into the actual sanction to which the petitioner Institution is entitled to and accord sanction, within a period of two months here from. 7. With the above observation, the writ appeal is disposed of. No costs. VJY Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary Education Department, Fort St.Geroge, Madras 600 009. 2. The Director of School Education, College Road, Madras 600 006 3. The Chief Educational officer, Nagercoil, Kanyakumari District. 4. The District Educational Officer, Kuzhithurai. • 1 cc to the Government Pleader, SR No.32643 • 1 cc to M/s. T. Arulraj & J. james, Advocates SR No.32487 W.A.NO.468 OF 2002 SS(CO) SR/8.7.2008 https://hcservices.ecourts.gov.in/hcservices/