A.GNANA MALLIKA Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent District Elementary Educational Officer in Oo.Mu.2137/A2/2014 dated 25.10.2014 quash the same and further direct the 2nd respondent DEEO to approve forthwith the appointment of the petitioner as Sewing Mistress(pre-Vocational Instructor) in the 4th respondent School namely, St. Joseph's Middle School Kadakulam w.e.f. the date of petitioner's appointment on 24.06.2013 with all attendant benefits including the arrears of salary and allowance.

(2.) Learned counsel for the petitioner would state that the 4th respondent school is a recognised and aided minority educational institution, in which, one post of Sewing Mistress (Pre-Vocational Instructor) fell vacant on 01.06.2013 due to the retirement of the then incumbent and on 24.06.2013, the petitioner was appointed as Sewing Mistress (Pre-Vocational Instructor) in the said vacancy and thereafter, the 4th respondent school submitted a proposal to the 2nd respondent/DEEO to approve the said appointment of the petitioner and to disburse grant-in-aid towards his salary. The 2nd respondent by impugned proceedings dated 25.10.2014 returned the proposal stating that approval can be made only if there is atleast 5 sections, 18 teaching periods and 100 students in standards VI to VIII and also sought for clarification whether the post is a sanctioned post. Hence, this writ petition.

(3.) Learned counsel would rely on the judgment in W.A(MD)No. 1295 of 2016 dated 05.03.2018 and stated that the above conditions for approval mentioned in G.O.Ms.No.168, School Education (B2) Department, dated 13.09.2006 are only directory and not mandatory and therefore, approval ought to have been granted. Thus, he would pray for setting aside the impugned order.