CORRESPONDENT Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is a Government Aided School. The challenge made in this writ petition is against the order dtd. 15/9/2016, fixing the staff strength in the petitioner school and the proceedings dtd. 3/2/2017, refusing to grant approval to the appointment made to the post of Vocational Instructor. Consequently, the petitioner also seeks for a direction to the respondent to approve the appointment of one Tamil Kalaiyarasi as Vocational Instructor (Computer Instructor) in the existing vacant post with all grant in-aid towards her salary and allowances w.e.f. 1/6/2016.

(2.) The case of the petitioner, in short, is as follows: Among the total Teachers strength of 52, two Vocational Instructors were working in the petitioner school by 2015-2016. The said Tamil Kalaiyarasi was appointed on 23/12/2015 as Vocational Instructor (Computer) under the control of the management with consolidated pay. She was teaching Computer Science for 1 st year and 2nd year of Higher Secondary students. She had shown 100% results in Computer Science subject during the academic years 2015-2016 and 2016-2017. While so, out of the two Vocational Instructors, who were working in the petitioner school, one teacher namely Santhi, voluntarily retired from service on 31/5/2016 and the said post fell vacant w.e.f. 1/6/2016. Accordingly, the petitioner decided to appoint the said Tamil Kalaiyarasi in that post as the Vocational Computer Instructor in regular vacancy, since the Computer Science Instructor post is sanctioned in all Government and Government Aided Schools. Accordingly, the said Tamil Kalaiyarasi was appointed on 1/6/2016 and the said appointment was duly informed to the third respondent by communication dtd. 2/1/2017 also with a request for approval of such appointment. However, the third respondent rejected the request of the petitioner by impugned order dtd. 3/2/2017 stating that the vacant Vocational Instructor Post has to be surrendered by citing the staff fixation made on 15/9/2016, which is also impugned in this writ petition.

(3.) A Counter affidavit is filed by the respondents, wherein it is stated as follows: