1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.2889 of 2011 S.Annadurai, Educational Agency and Secretary Subramaniya Muthaliyar Middle School, Kottaikarungulam, Radhapuram Taluk, Tirunelveli District. : Petitioner Vs. 1.The District Elementary Educational Officer, Tirunelveli District. 2.The Additional Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to approve the appointment of Thanapal to the Graduate Teacher Post (History) in the petitioner's School from 21.04.2010 with all monetary benefits as per proposal made by the school dated 23.04.2010. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.P.Thilak Kumar, Additional Government Pleader O R D E R Mr.P.Thilak Kumar, learned Additional Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. I have heard Mr.K.K.Kannan, learned counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Additional Government Pleader appearing for the respondents. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to approve the appointment of Thanapal to the Graduate Teacher Post (History) in the petitioner-school from 21.04.2010 with all monetary benefits as per the proposal made by the petitioner-school dated 23.04.2010. 4. The short matrix of the matter is set out hereunder: (i) The petitioner-school was started in the year 1951. There are six sanctioned teaching posts in the school. One sanctioned post of Graduate Teacher fell vacant in the school on 16.07.2009 due to promotion given to the Graduate Teacher, by name one Simon Prabhu as Head Master. Therefore, a representation has been given by the petitioner- https://hcservices.ecourts.gov.in/hcservices/ 2 school to the first respondent seeking permission to fill up the post. The first respondent accorded permission, by proceedings dated 22.01.2010. Later, upon the representation dated 16.02.2010 of the petitioner-school, the first respondent granted permission on 03.03.2010 to fill up the post by appointing a Graduate (History) Teacher reserved under the category of S.C. Arunthathiyar community. (ii) The Government of Tamil Nadu has issued a Government Order in G.O.Ms.No.50, Adi Dravidar and Tribal Welfare (TD2) Department, dated 29.04.2009, reserving seats for Arunthathiyar community. Subsequently, an amendment to the said Government Order came into effect, viz., G.O.Ms.No.61, Adi Dravidar and Tribal Welfare (TD2) Department, dated 29.05.2009. By virtue of the said Government Order, the seats can be filled up by S.C. Candidates, if no qualified Arunthathiyar is available to fill up the seats. (iii) The petitioner-school sent a representation dated 05.03.2010 to the District Employment Officer, requesting to send a list of Arunthathiyar community candidates to fill up the Graduate Teacher Post in the petitioner-school. The Employment Exchange sent the list of four candidates. Further, the school effected paper publication in "Dinamalar", dated 12.03.2010 inviting applications for the vacant post from the suitable candidates. Interview letters were sent to the applicants, who were sponsored by the Employment Exchange, but none of them attended the interview, which was held on 22.03.2010. Therefore, the petitioner-school made another representation dated 03.04.2010 to the Employment Exchange for suitable candidates list from among the Scheduled Caste community, but the petitioner received no response. (iv) However, based on the paper publication dated 12.03.2010, some of the candidates from S.C. category have attended the interview, which was held on 21.04.2010. One Thanapal belonging to S.C. category has succeeded in the interview and he was selected and appointed on 21.04.2010. Necessary proposals were sent to the first respondent. However, the second respondent has returned the proposal. Again, it was re-presented. Thus, several attempts have been made by the petitioner- school to get approval for the said teacher. However, no action was taken by the respondents and hence, the petitioner was driven to file the present Writ Petition. 5. From the facts narrated above, it could be seen that in order to fill up the post in the petitioner-school, no candidate from Arunthathiyar community was available and hence, as per the Government Order in G.O.Ms.No.61, Adi Dravidar and Tribal Welfare (TD2) Department, dated 29.05.2009, the petitioner-school had selected one Thanapal belonging to Scheduled Caste community and he was appointed on 21.04.2010. The petitioner-school also sent numerous representations to the respondents to approve the appointment of Thanapal. However, the appointment was not approved and hence, the petitioner-school was driven to file the present writ petition. 6. It is not the case of the respondents that some candidates belonging to Arunthathiyar community were available to fill up the post in the petitioner-school. In such circumstances, the respondents ought to have approved the appointment made by the petitioner- school. In fact, the https://hcservices.ecourts.gov.in/hcservices/ 3 matter in issue was decided by this Court in W.P(MD).No.6443 of 2010, dated 30.04.2010, wherein this Court has held that when there is no candidate available from Arunthathiyar community, there cannot be any impediment to appoint the teachers from the Scheduled Caste community. Paragraph No.8 of the order made thereunder is extracted hereunder: "8. In such view of the matter, if it is the case of the petitioner School that the petitioner School is entitled to resort to the appointment of the candidates from Scheduled Caste community in the absence of Arunthathiyar from Scheduled Caste, it is open to the petitioner to re-submit the papers along with proper explanation and on such re-submission of the papers, which shall be made within a period of two weeks from the date of receipt of a copy of this order, it is open to the second respondent to pass appropriate orders on merits and in accordance with law and such orders shall be passed by the second respondent, within a period of four weeks thereafter." 7. In view of the above stated position, I direct the respondents to consider the grant of approval to the petitioner-school for the appointment of one Thanapal, belonging to Scheduled Caste community, who was selected and appointed by the petitioner-school on 21.04.2010. The said exercise has to be carried out by the respondents, within a period of four weeks from the date of receipt of a copy of this order. 8. The Writ Petition stands ordered accordingly. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR SML To 1.The District Elementary Educational Officer, Tirunelveli District. 2.The Additional Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District. 1CC TO MR. K.K. KANNAN, ADVOCATE,SR: 6271: DM:2011::APRIL:01::: Order made in W.P.(MD).No.2889 of 2011 Dated:- 14.03.2011 3P:4C:; https://hcservices.ecourts.gov.in/hcservices/