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2022 Supreme(Mad) 900

M. S. RAMESH
T. Pavithra – Appellant
Versus
The State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. Nedunchezhiyan.
For the Respondent: M. Shahjahan.

ORDER :

1. Heard Mr. S. Nedunchezhiyan, learned counsel for the petitioner and Mr. M. Shahjahan, learned Special Government Pleader for the respondents 1 to 5. There is no representation on behalf of the sixth respondent.

2. The sixth respondent is a non-minority aided school with only two teachers. On 31.05.2014, a sanctioned vacancy arose for the post of Secondary Grade Teacher owing to the retirement of a Teacher, namely J. Kulandaivelu. The school management, through their letter dated 09.12.2016, had sought for permission to fill up the said post, which was forwarded to the District Elementary Educational Officer on 18.12.2016. However, since their request was kept pending for quite sometime, the petitioner herein was appointed as a Secondary Grade Teacher on 15.12.2017. The petitioner has also qualified in the Teachers Eligibility Test in April, 2017. On 23.07.2018, the school management had forwarded a proposal to the fourth respondent herein seeking for approval of appointment of the petitioner. However, in the impugned order dated 10.11.2018, the fourth respondent had rejected the school's application seeking for approval of the petitioner's appointment, predominantly on the

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