LAWS(MAD)-2019-1-286

J.MERLIN SYNTHIYA Vs. SECRETARY TO GOVERNMENT

Decided On January 23, 2019
J.Merlin Synthiya Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The petitioners in both the writ petitions were appointed as vocational instructors by the institution namely the fifth respondent. The fifth respondent which is the minority educational institution sought for approval of the appointments from the authorities concerned. The fourth respondent/District Educational Officer, Tirunelveli, rejected the approval on the ground that the post of Vocational Instructor was a man post and it is not a post allotted to the institution. Therefore, the post would lapse when once the present incumbent retired. It is this order that is challenged in all these writ petitions.

(2.) Heard Mr.S.Chellapandian, learned counsel appearing for the petitioners and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents 1 to 4. The fifth respondent is the management which has no-say in the matter of approval.

(3.) Mr.S.Chellapandian, learned counsel appearing for the petitioners would rely upon the staff fixation done for the 5th respondent school for the academic year 2017-2018. The staff fixation dated 26.09.2017 for the academic year 2017-2018 would disclose that in the Accountancy and Auditing course, there are 85 students in the 11th standard and 88 students in the 12th standard and in the Electrical and Machine appliances, there are 63 students in the 11th standard and 58 students in the 12th standard. He would also point out that the staff fixation proceedings itself sanctioned two vocational teachers for Accountancy and Auditing course and two for Electrical and Machine appliances.