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2016 Supreme(Mad) 693

D.HARIPARANTHAMAN
Deva Asir – Appellant
Versus
Secretary to Government, School Education Department, State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. T.A.Ebenezer
For Respondents: Mr. V.R.Shanmuganathan, Special Government Pleader

Judgement Key Points
  • The issue in these writ petitions concerns appointment and approval of non-teaching staff in aided minority and non-minority schools governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules, 1974. (!)

  • Education was historically confined to upper castes in caste-ridden Indian society, despite literary emphasis on its importance. (!) (!) (!)

  • Constitutional provisions under Articles 41, 45, 46 mandate state efforts for right to education, free compulsory education up to age 14, and promotion of weaker sections' interests. (!) (!) (!) (!) (!)

  • Article 21A, inserted in 2002, makes free education up to age 14 a fundamental right; school education up to +2 level is constitutionally guaranteed by reading Articles 21A, 30, 41, 45, 46 together. (!) (!)

  • Private aided schools in Tamil Nadu, established by missionaries/philanthropists, receive state aid and provide free education; no fees collected practically. (!) (!) (!) (!)

  • Private unaided schools have mushroomed, catering to affluent while aided schools serve downtrodden; state policy post-1991-92 denies aid to new schools via Section 14A. (!) (!)

  • Act and Rules comprehensively regulate aided private schools, including sanction, appointment, qualifications, and grants for teaching/non-teaching staff. (!) (!) (!) (!)

  • "Private school" defined under Section 2(7) includes pre-primary to higher secondary schools, whether aided or not. (!) (!) (!)

  • Director of School Education sanctions posts based on academic needs, teacher-pupil ratio, financial considerations (Rule 15(1)); regular vacancies filled by qualified persons on regular basis (Rule 15(3)); qualifications in Annexure V. (!) (!) (!) (!)

  • For non-teaching staff: Clerks need S.S.L.C. with college eligibility; Record Clerks/Lab/Library Assistants need S.S.L.C. completed; Peons need VIII standard pass; Watchmen etc. need ability to read/write Tamil. (!)

  • Reservation applies to non-minority schools (Rules 15(7),15(8)); DEO/DEEO sanctions grants to sanctioned posts (Rule 11(2), Section 14). (!) (!) (!)

  • No prior permission required to fill vacancies in sanctioned posts; schools appoint immediately to avoid prejudice to education. (!)

  • Past bans on recruitment (e.g., G.O.Ms.No.212/2001) lifted; appointments during ban approved by court; post-lift refusals also overturned. (!) (!) (!) (!)

  • G.O.Ms.No.115/2007 restricts non-teaching appointments: outsource Watchman/Sweeper/Scavenger; fill only 50% Office Assistants, all existing Junior Assistants; future vacancies restricted. (!) (!) (!) (!) (!) (!) (!)

  • G.O.Ms.No.203/2010 directs outsourcing 467 Group D posts; allows filling 485 others like Junior Assistants. (!) (!)

  • Govt. Letter 09.07.2012 imposes ban pending expert committee guidelines. (!)

  • Act/Rules prevail over executive GOs/instructions; cannot override statutory scheme for appointments/grants. (!) (!) (!)

  • DEOs/DEEOs must approve qualified appointments to sanctioned posts and sanction grants; denial only for specific statutory reasons (e.g., non-compliance, no recognition). (!) (!) (!) (!)

  • No prior permission needed for non-teaching appointments in sanctioned posts; Rule 15(4) applies only to teachers. (!) (!) (!)

  • Aided schools cannot collect fees (Section 32, Rule 23); cannot be directed to outsource/meet expenses themselves. (!) (!) (!) (!)

  • State duty-bound for free compulsory school education up to +2; inseparable classes; cannot deny aid to existing aided schools citing finances. (!) (!) (!) (!) (!) (!)

  • Minority aided schools protected under Article 30; certain Act/Rules provisions inapplicable per prior court declaration. (!) (!)

  • G.O.Ms.No.115/2007, G.O.Ms.No.203/2010, Letter 09.07.2012 quashed; DEOs/DEEOs directed to approve appointments/sanction grants within 6 weeks. (!) (!) (!) (!)


ORDER :

The issue involved in all these writ petitions relates to the appointment and approval of non-teaching staff in Aided Minority and Non-Minority Schools governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 framed in exercise of the powers conferred under the said Act. Hence, these writ petitions are taken up together for hearing and disposed of by way of this common order.

IMPORTANCE OF EDUCATION :

2.1. Indeed, it is sorry to record that education was deprived

2.2. The caste system has been in existence for centuries, nay, to the vast majority of the people in the caste ridden Indian Society. It is an undeniable fact, one may like it or not. thousands of years in India. There were many Kingdoms. There were many religions. But the caste system continued to exist in the feudal system. That was the Rule of the day. The Society was basically divided into Four Varnas (Caste) and the Scheduled Caste are the outcast. The system of education that prevailed in those d

































































































































































































































































































































































































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