SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, STATE OF TAMIL NADU Vs. SECRETARY, SIVAGURU MEMORIAL PRIMARY SCHOOL, SUBRAMANIAPURAM

JUDGEMENT

(1.) Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr.T.A.Ebenezer, learned counsel appearing for the respondent.

(2.) This appeal by the State is directed against the order made in W.P.(MD)No. 12555 of 2011 dated 08.02017. The respondent/writ petitioner, which is an Aided Minority Institution School, filed the writ petition, challenging the order passed by the fourth appellant dated 13.01.2011 and sought for a consequential direction to approve the appointment of Ramola Jipsi Mavin, wife of Santhosh Raj, appointed as Head Master in the respondent School on 01.06.2005 and to disburse the salary and also to grant relaxation of the qualification of five years teaching experience if necessary in terms of Rule 20(3) of the Tamil Nadu Recognised Private Schools (Regularisation) Act, 1973 and by dispensing with the prior permission for appointment within a stipulated time.

(3.) The writ petition was allowed by the impugned order. We have perused the order passed by the Writ Court and we find that the observation made by the Writ Court with regard to non-applicability of the Rule 15 (4) of the rules is incorrect. Since the respondent School is a Non Minority Institution, if the respondent desired to fill up the vacancy by direct recruitment, prior permission of the Department is required. Therefore, to that extent, the observation made in the impugned order is incorrect.