JUDGMENT :

(J. Sathya Narayana Prasad, J.)

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 23.03.2021 made in W.P(MD) No.215 of 2021.)

1. The challenge made in this writ appeal is to the order dated 23.03.2021 passed by the learned Judge in W.P(MD) No.215 of 2021, by which, the appellants were directed to forthwith approve the writ petitioner's appointment as Office Assistant, with effect from 03.10.2007, in the school namely, Sr.Mary's Higher Secondary School, Vickramasingapuram, and to disburse the grant-in-aid towards his salary with all attendant benefits from 03.10.2007.

2. The Government is the appellants and the writ petitioner –School is the respondent herein.

3. The brief facts leading to the filing of the writ appeal are as follows:

3.1. The respondent herein is a minority institution recognised in terms of Article 13(1) of the Constitution of India. It was established as middle school in the year 1944. Later, it was upgraded as High School in the year 1949 and as Higher Secondary School in the year 1979. Now, the School is permanently recognised and fully aided by the Government of Tamil Nadu and it offers education from Standards VI to X both in Tamil and English Medium. There are around 2000 students studying in the school and it provides education at free of charges, except the meagre sum specified by the Government and it is known for its academic excellence and extra-curricular activities.

3.2. The post of Office Assistant in the School fell vacant from 01.07.2007, due to the retirement of one S.Pattabiramanon on 30.06.2007 and in that vacancy, the respondent School appointed one A.Jeyaraj as Office Assistant with effect from 03.10.2007 and for the purpose of disbursement of grant-in-aid towards his salary, they submitted a proposal to the fourth appellant/District Educational Officer on 17.10.2007, seeking approval of the said appointment, however, no orders were passed on the same.

3.3. The respondent repeatedly approached the fourth appellant herein to approve the appointment of the said A.Jeyaraj as Office Assistant, but there was no response for nearly ten long years. They again sent a proposal to the fourth appellant on 03.11.2017 and on receipt of the same, the fourth appellant vide proceedings in O.Mu.No. 3931/A3/2017, dated Nil.01.2018, sought for certain information and vide proceedings dated 16.11.2018, also sought additional particulars. In response to the same, the respondent vide letter dated 26.02.2019, furnished all the documents to the fourth appellant. Thereafter, the third appellant/Chief Educational Officer vide proceedings dated 25.09.2020, returned the said proposal by directing the respondent to comply with the provisions of Clause 3(x) of G.O.Ms.No.238, School Education [Pa.Ka. 6(1)] Department, dated 13.11.2018, wherein, it has been stated that if there is any sanctioned vacancy to be filled up in the aided school, it should be filled up by the surplus post available in the other aided schools, instead of making fresh appointments. Aggrieved by the same, the respondent filed the writ petition, which was allowed by the Writ Court. Therefore, the Government has come forward with the present writ appeal, to set aside the order of the learned Judge.

4. The learned Special Government Pleader appearing for the appellants submitted that the appellants have specifically imposed ban in respect of the direct recruitment of non-teaching posts in aided schools vide its letter No.11462/D2/2006-1, dated 26.05.2006 and letter No. 8884/D1/2011-2, dated 09.07.2012. Moreover, the Government Order in G.O.Ms.No.238, dated 13.11.2018, has set out certain guidelines for filling up the posts of non-teaching staff in the Government aided private schools. In such circumstances, the respondent ought to have redeployed the surplus Office Assistant from other school, but they have appointed the said A.Jeyaraj as Office Assistant on 03.10.2007 and sought approval of the same. Thus,