P CORNELIA JENIFER LEOMAROSE Vs. ADDITIONAL CHIEF SECRETARY GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION, FORT ST GEORGE, MADRAS

JUDGEMENT

(1.) By consent, these writ petitions are taken up for final disposal as the issue involved and to be adjudicated is one and the same. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3.

(2.) The petitioner in WP.No.1556/2017 would aver that she was appointed as a Middle Grade Assistant in the services of the 4th respondent / School with effect from 03.06.2015 in the vacancy caused on account of the retirement of Tmt.Alma Wright as Middle Grade Assistant on 31.05.2011 AN and her appointment was also countersigned by the 3rd respondent and it is also a regular sanctioned post, covered by the Deficit Grant-in-Aid Scheme. The petitioner joined as a Middle Grade Assistant in the services of the said school on 03.06.2015. The petitioner would further aver that the said school was established and being administered by the Catholic Religious Congregation of the "Carmelite Sisters of Saint Teresa" and for the purpose of legal perpetuity, it is a registered Society bearing Registration S.No.789/1988, in the name and style of "Carmelite Sisters of St. Teresa of Tamil Nadu Province Villupuram" and it has been established and is administering a number of educational institutions for the welfare of the Catholic Christian Minority Community and its rights are guaranteed under Article 30[1] of the Constitution of India. The petitioner would also aver that necessary proposal has been forwarded to the 3rd respondent for approval of the appointment of the petitioner and the 3rd respondent has returned the proposal on 26.12.2016 stating that approval for appointment of the petitioner would not be given as the petitioner has not completed the Teacher Eligibility Test [TET] Challenging the legality of the order of the 1st respondent in G.O.Ms.NO.181 dated 15.11.2011 as well as the proceedings of the 4th respondent dated 26.12.2016, the petitioner came forward to file WP.No.1556/2017.

(3.) The petitioner in WP.No.1557/2017 would aver that she was appointed as a Middle Grade Assistant in the services of the 4th respondent / School with effect from 03.10.2016 in the vacancy caused on account of the retirement of Mrs.Dumen=il Patricia Mary as Middle Grade Assistant on 30.09.2016 and the said retirement was also approved by the 3rd respondent and it is also a regular sanctioned post, covered by the Deficit Grant-in-Aid Scheme. The petitioner joined as a Middle Grade Assistant in the services of the said school on 03.10.2016. The petitioner would further aver that the said school was established and being administered by the Catholic Religious Congregation of the "Carmelite Sisters of Saint Teresa" and for the purpose of legal perpetuity, it is a registered Society bearing Registration S.No.789/1988, in the name and style of "Carmelite Sisters of St. Teresa of Tamil Nadu Province Villupuram" and it has been established and is administering a number of educational institutions for the welfare of the Catholic Christian Minority Community and its rights are guaranteed under Article 30[1] of the Constitution of India. The petitioner would also aver that necessary proposal has been forwarded to the 3rd respondent for approval of the appointment of the petitioner and the 3rd respondent has returned the proposal on 26.12.2016 stating that approval for appointment of the petitioner would not be given as the petitioner has not completed the Teacher Eligibility Test [TET] Challenging the legality of the order of the 1st respondent in G.O.Ms.NO.181 dated 15.11.2011 as well as the proceedings of the 4th respondent dated 26.12.2016, the petitioner came forward to file WP.No.1557/2017.