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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Madrasa-E-Azam Govt. Aided Primary School, Rep. by its Manager & Correspondent, Thirupattur – Appellant
Versus
The Director of Elementary Education, Chennai – Respondent
W.P. No. 23423 of 2023 & WMP. No. 22960 of 2023
Decided On : 10-08-2023
Approval - Appointment of Mrs.M.K. Hajira as Secondary Grade teacher(urdu) - The court directed the respondent to consider the application for approval and pass orders on its own merits within three months.
Fact of the Case:
The writ petition was filed to quash the impugned order passed by the second respondent and to direct the respondents to approve the appointment of Mrs. M.K. Hajira as a teacher in the petitioner school.
Finding of the Court:
The court found that the impugned order was only a return for clarification and directed the petitioner to comply with the queries raised by the respondent. The respondent was directed to consider the application and pass orders on its own merits within three months.
Issues: The main issue was the refusal of approval for the appointment of Mrs. M.K. Hajira as a teacher in the petitioner school.
Ratio Decidendi: The court directed the petitioner to comply with the queries raised by the respondent and ordered the respondent to consider the application and pass orders on its own merits within three months.
Final Decision: The writ petition was disposed of with the direction for the respondent to consider the application for approval and pass orders on its own merits within three months. The connected miscellaneous petition was dismissed with no costs.
JUDGMENT
(Prayer: Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 2nd respondent in O.Mu.No.400/Aa4/2022 dated Nil.01.2023 signed on 07.02.2023 and quash the same and consequently direct the respondents to approve the appointment of Mrs.M.K. Hajira as Secondary Grade teacher(urdu) in the petitioner school w.e.f. 01.02.2022 with all consequential monetary benefits.)
1. This Writ Petition has been filed to quash the impugned order passed by the second respondent in O.Mu.No.400/Aa4/2022 dated Nil.01.2023 signed on 07.02.2023 and consequently direct the respondents to approve the appointment of Mrs. M.K. Hajira as Secondary Grade teacher(urdu) in the petitioner school w.e.f. 01.02.2022 with all consequential monetary benefits
2. The grievance of the writ petitioner is that the though they appointed one Mrs.M.K.Hajira as per the sanctioned strength, when they sought approval, the respondent has passed the impugned Order. Challenging the same, the present Writ Petition has been filed.
3. On a perusal of the impugned Order, this Court is of the view that it is only a return. In fact, the application sent for approval has been returned for certain clarification. Though some of the quiries raised by the respondent is not proper, like to give details of the Government Orderes and proceedings etc., except the queries 1 and 5 raised, the petitioner shall comply other quries and represent the applicaiton. The respondent shall consider the same pass Orders on its own merits within a period of three months from the date of receipt of a copy of this Order.
4. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petiton is dismissed. No costs.
The court emphasized the need for the petitioner to comply with the queries raised by the respondent and directed the respondent to consider the application for approval within a specified timeframe.
The main legal point established is that the appointment proposal should be approved if it satisfies all prescribed norms and rules and there are no surplus teachers in the school.
The judgment and government order did not prohibit the approval of appointments made prior to its issuance.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
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