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2020 Supreme(Mad) 696
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. SATHYANARAYANAN, P. RAJAMANICKAM, JJ.
The Director of School Education, Chennai & Others – Appellants
Versus
The Correspondent, St. Joseph's Higher Secondary School, Tuticorin – Respondent
W.A (MD) No. 200 of 2020 & C.M.P (MD) No.1361 of 2020
Decided on : 06-08-2020
For the Appellants : S. Srimathy, Special Government Pleader.
For the Respondent:Ragatheesh Kumar for M/s. Isaac Chambers, Advocates.
The main legal point established in the judgment is the interpretation of G.O.Ms.No.79, dated 14.06.2002, and the distinction between promotion and upgradation in the context of the appointment of teachers in minority educational institutions.
Headnote:
Approval - Upgradation of Secondary Grade Teacher to B.T., Assistant - G.O.Ms.No.79, dated 14.06.2002 - The court discussed the provisions of G.O.Ms.No.79, dated 14.06.2002, which ordered the creation of Middle Grade Graduate Teacher post and the procedure for filling the post. The court also highlighted the distinction between promotion and upgradation and the legal principles governing the appointment of teachers in minority educational institutions.
Fact of the Case:
The respondent/writ petitioner challenged the proceedings of the second appellant and sought approval for the promotion of T.Thusnevis Savariammal as B.T., Assistant in Science with effect from 01.06.2015. The court allowed the writ petitions filed by the respondent/writ petitioner, which were entertained together.
Finding of the Court:
The court found that the promotion of T.Thusnevis Savariammal as B.T., Assistant (Science) with effect from 01.06.2015 was in accordance with the provisions of G.O.Ms.No.79, dated 14.06.2002, and the respondent/writ petitioner's stand that there was an automatic upgradation as Middle Grade Graduate Teacher was unsustainable.
Issues: The main issue was whether the promotion of T.Thusnevis Savariammal as B.T., Assistant (Science) with effect from 01.06.2015 was in compliance with the provisions of G.O.Ms.No.79, dated 14.06.2002, and whether retrospective approval was required for the promotion.
Ratio Decidendi: The court held that the promotion of T.Thusnevis Savariammal as B.T., Assistant (Science) with effect from 01.06.2015 was in accordance with the provisions of G.O.Ms.No.79, dated 14.06.2002, and that the second appellant lacked power to grant retrospective approval.
Final Decision: The writ appeal was dismissed, and there was no order as to costs.
JUDGMENT :
M. Sathyanarayanan, J.
(Prayer: Appeal filed under Clause 15 of the Letters Patent Appeal against the order passed by this Court in W.P(MD)No.1078 of 2018, dated 20.02.2018.)
1. The official respondents in W.P(MD)No.1078 of 2018 are the appellants.
2. The respondent/writ petitioner made a challenge to the proceedings of the second appellant, dated 19.01.2017 and the consequential proceedings of the second appellant, dated 26.09.2017 with a prayer to quash the same and with a further direction, directing the appellants 2 and 3 to approve forthwith the promotion of T.Thusnevis Savariammal as B.T., Assistant (Science) in their school with effect from 01.06.2015 and disburse the grant in aid towards her salary and other attendant benefits.
3. The respondent/writ petitioner also filed W.P(MD)No.1079 of 2018 praying for issuance of a writ of Mandamus directing the appellants 2 and 3 to approve forthwith the appointment of R.Merchy as Tamil Pandit in their school with effect from 26.06.2015 and consequently, disburse the grant-in-aid towards her salary and other attendant benefits.
4. Both the writ petitions were taken up together and vide common order, dated 20.02.2018, the learned Single Judge had allowed the writ petitions.
5. The official respondents aggrieved by the allowing of W.P(MD)No. 1078 of 2018, had filed this writ appeal and also filed W.A(MD)No.201 of 2000 against the allowing of W.P(MD)No.1079 of 2018.
6. The respondent/writ petitioner, in the affidavit filed in support of W.P(MD)No.1078 of 2018, among other things, averred as follows:
* The school was initially established as a Primary School in the year 1946 and was upgraded as Middle School in the year 1956 and again, upgraded as High School in the year 1997 and it was bifurcated as Primary and High School.
* The school was also further upgraded as Higher Secondary School in the year 2011 and it is receiving aid upto Middle School level, i.e., Standards VI to VIII and the medium of instruction is Tamil and 329 students are studying in the Aided Section.
* The school is providing education free of charges and a small sum is being collected as prescribed by the Government and it is known for academic excellence and extra-curricular activities and no discrimination is shown or exhibited on the ground of caste, creed or religion.
* The number of staff and the quantum of grant-in-aid are fixed periodically by the Government and the qualification for appointment of teachers is also governed by the Rules framed by the Government and the teachers manning Middle School Sections, viz., Standards VI to VIII are having the Secondary Grade Training and had the qualification of Teachers Training Certificate (Diploma in Teacher Education) and they were running Classes upto May 2002.
* The Government of Tamil Nadu having taken into consideration the fact that the Secondary Grade Teachers with Teacher Training Certificate/Diploma in Teacher Education, were not qualified enough to handle the advanced syllabus prescribed for Middle School Sections (Standards VI to VIII), evolved a policy of appointing Graduate Teachers in those posts and accordingly, the School Education (U1) Department, has issued G.O.Ms.No.79, dated 14.06.2002.
*In terms of the said Government Order, a decision has been taken to upgrade the post of Secondary Grade Teacher into that of Graduate Teacher with effect from 01.06.2002 and the permission for such conversion also stipulated in the Government Order and after issuance of the said Government Order, no appointment of Secondary Grade Teacher has been made.
* The said Government Order also stipulated that the post of Secondary Grade Teacher should be upgraded only when they fell vacant and thereafter, the persons with Graduate qualification should be appointed in the said post and the upgraded posts will be known as Middle Grade Graduate Teachers.
* Hence, the Graduate Teachers having qualification of B.A.,/B.Sc., with B.Ed., came to be appointed as Middle Grade Gradu
