G.JULIET Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) THESE five writ petitioners are teachers appointed by the second respondent college viz., YMCA College of Physical Education and YMCA College Sports, Higher Secondary School, Nandanam. The prayer made in these writ petitions is for a direction to the first respondent, District Educational Officer, Chennai Central, Chennai, to grant approval to their appointment made by the second respondent school on various dates. In WP.No. 26777 of 2012, the petitioner was appointed as Tamil Teacher with effect from 1.6.2010. It was stated that the order of the appointment was subject to approval by the first respondent. It is also stated that subsequent appointment proposals have been sent and no orders have been passed. At this juncture, the petitioner had a recourse to Right to Information Act and sought for information from the first respondent. The first respondent by proceedings dated 28.2.2012, informed the petitioner that the second respondent has filed a suit in C.S.No.340 of 1998 before this Court, which was subsequently transferred to City Civil Court and pending in C.S.No. 1200 of 2011. In the said suit, written statement had been filed. It is further stated that if a school wants to have a minority status, it has to apply to the proper forum and get the status declared. Without sending any application to the Government seeking to declare minority status, the Management has unilaterally functioning. In view of the pending suit in respect of minority status, it was informed that the appointment made by the Management cannot be approved by the department. Hence, the writ petition came to be filed.

(2.) IN the second Writ Petition viz., WP.No. 26778 of 2012, the petitioner was appointed as B.T Assistant (Science) with effect from 31.7.2009, on account of regular vacancy which arose due to promotion of one Priscilla Paul on 30.7.2009. In the third Writ Petition viz., WP.No. 26779 of 2012, the petitioner appointed as B.T Assistant (English) with effect from 10.6.2009 on a regular vacancy which arose due to the retirement of one D.Ebenezer Santhakumari on 31.3.2009. In the fourth Writ Petition viz., WP.No. 26780 of 2012, the petitioner was appointed as B.T Assistant (History) with effect from 1.6.2010 on a regular vacancy which arose due to the retirement of one N.Baskaran on 31.5.2010. In the last Writ Petition viz., WP.No. 26781 of 2012, the petitioner was appointed as B.T Assistant (Maths) with effect from 1.6.2009 on a regular vacancy which arose due to the retirement of one R.Vincent on 30.4.2009.

(3.) EVEN otherwise, learned counsel produced copy of the Government Order in G.O. (Ms). No. 309, Higher Education (E1) Department dated 21.9.2010, wherein YMCA College of Physical Education, Nandanam functioning in the same campus was granted the Religious Minority Status for the period of five years from the academic years 2010-11 by the Secretary to Government. In paragraphs 2, 3 and 4 of the order, it was stated as follows: