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S. SRIMATHY
P. S. Sunilkumar – Appellant
Versus
Secretary, School Education Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 4th respondent through his proceedings No.PPM/C/RS/2019, dated 25.06.2019 and to quash the same as illegal and consequently, to direct the 3rd respondent to approve the petitioner''s appointment as office assistant in the 4th respondent school from the date of his appointment in the light of the order passed by the Court of Madras in W.P.No.1719 of 2005, dated 24.03.2009.)
1. This writ petition is filed for writ of Certiorarified Mandamus, to quash the impugned order dated 25.06.2019 passed by the 4th respondent as illegal and consequently to direct the 3rd respondent to approve the petitioner''s appointment as Office Assistant in the 4th respondent school from the date of his appointment in the light of the order passed by the Court of Madras in W.P.No.1719 of 2005, dated 24.03.2009.
2. The contention of the petitioner is that the 4th respondent school is a Linguistic Minority School (Malayalam) institution. Originally the school was High School subsequently the school was upgraded as a Higher
The court emphasized the importance of adhering to recruitment bans and upheld the school's right to make decisions regarding appointments and terminations within the self-finance section.
Government Orders imposing bans on fresh appointments or restricting the approval of non-teaching staff in government institutions do not apply to sanctioned posts in private aided minority schools, ....
Grant-in-aid is not automatic and depends on various factors, and appointments must comply with relevant government orders and staff fixation rules.
No prior permission is required for filling non-teaching posts in aided schools; surplus staff in other schools cannot justify denial.
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