SECRETARY Vs. STATE OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) Heard Mr.Issac Mohanlal, learned Senior counsel for the petitioner and Mr.V.R.Shanmuganathan, learned Special Government Pleader for the respondents.

(2.) This writ petition has been filed by the non-minority institution requesting for filling up the vacancy in the post of Vocational Instructor (Agriculture) with a new incumbent, in the same post. However, the fourth respondent, by the impugned proceedings, dated 07.12.2017 referring the G.O.Ms.No.39, dated 21.03.2003, has rejected the request of the Management for conversion.

(3.) Similar issue was considered by the Divison Bench in W.P. (MD).No.1569 of 2015. The only difference being the writ petitioner therein was a minority aided institution, whereas the petitioner in this case is the non-minority aided institution. In the said writ petition, the Court considered the effect of G.O.Ms.No.39, dated 21.03.2003, and also as to how the Government Order needs to be interpreted. Though in that writ petition as well as in this writ petition, the petitioners have challenged the validity of G.O.Ms.No.39, at this stage, it would be useful to refer to the portion of the order.