CORRESPONDENT & HEADMISTRESS, FATHIMA GIRLS HIGHER SECONDARY SCHOOL Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned order dated 15.9.2017 passed by the District Educational Officer, Sankagiri, the fourth respondent herein rejecting the proposal made by the petitioner School seeking an order of approval of the appointment of Sr.A.Louis Arockia Mary as Junior Assistant in the petitioner school with effect from the date of her appointment viz., 02.01.2016 and disburse the grant-in-aid towards her salary and allowances with effect from the date of her appointment.

(2.) Learned counsel for the petitioner submitted that when the petitioner School, being an aided minority educational institution, was established in the year 1963 administered by the Roman Catholic Congregation of Immaculate Heart of Mary, one post of Junior Assistant fell vacant on 1.1.2016 due to the retirement of one Sr.S.Philominal on 31.12.2015 and in an effort to fill up the said vacancy, the petitioner School appointed Sr.A.Louis Arockia Mary as Junior Assistant with effect from 2.1.2016 and she also joined duty on the same day. Thereafter, the petitioner School forwarded the proposal for appointing Sr.A.Louis Arockia Mary along with the relevant documents to the fourth respondent on 29.2.2016 requesting approval of the said appointment. But the fourth respondent-District Educational Officer, Sankagiri returned the proposal vide his proceeding dated 14.3.2016 for compliance of certain defects. Thereafter, after complying with the defects, the petitioner School re-submitted the proposal on 15.6.2016 to the fourth respondent. But the fourth respondent vide proceedings dated 15.9.2017 again rejected the proposal on the ground that as per G.O.Ms.No.37, School Education Department dated 8.2.2007, G.O.Ms.No.115, School Education Department dated 30.5.2007 and G.O.Ms.No.203, School Education Department dated 23.7.2010, approval would be granted for her appointment only after permission is given by the Government and the Director after considering the qualification based on rules, without even knowing the fact that the said G.O.Ms.No.115, School Education Department dated 30.5.2007 and another G.O.Ms.No.203, School Education Department dated 23.7.2010 and Government Letter No.8884/D1/2011-2 dated 9.7.2012 were quashed by this Court on 15.3.2016 in W.P.(MD) Nos.11481 of 2008 etc., batch, which reflects the total non-application of mind. The learned counsel further submitted that when Sr.A.Louis Arockia Mary has been working as Junior Assistant in the petitioner School since 2.1.2016 without salary. It was also further pleaded that when only one post is fixed in the cadre of Junior Assistant in the petitioner School having 2780 students with 53 teaching and 4 non-teaching staff on its roll, the denial of approval by the fourth respondent, without giving an opportunity of hearing before passing the impugned order, is highly arbitrary. Therefore, the impugned order is liable to be set aside.

(3.) Heard the learned Special Government Pleader for the respondents also.