S. M. SUBRAMANIAM, V. LAKSHMINARAYANAN
Commissioner of School Education – Appellant
Versus
Hidhayathul Islam Higher Secondary School rep. by its Manager – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
This writ appeal is directed against the order of the learned Single Judge, dated 02.09.2022, passed in W.P.(MD) No.15875 of 2022.
2. The following issues are mainly raised in this writ appeal and they are:
(ii) Non minority aided Institutions, where the Teachers are identified as surplus in the District concerned.
(iii) The Teachers, who were appointed by the minority Institutions and not possessing the requisite educational qualifications of Teacher Eligibility certificate.
(iv) Subject conversion and appointments without prior permission.
(v) Single unit schools, where no surplus candidates are identified and posts are sanctioned, but approval not granted.
(vi) In respect of cases, where prior permission has been granted but the appointments are not approved.
Let us now look into the relevant provisions of the statutes and Rules.
3. Section 26 of Tamil Nadu Recognized Private schools (Regulations) Act (hereinafter referred to as 'the Act' for the sake of brevity), provides absorption of Teachers or other persons of retrenchment. Accordingly, “Where any retrenchment of a
Ashwini Thanappan vs. Director of Education and another [(2014) 8 SCC 272]
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In Re The Kerala Education Bill, 1957 Reference under Article 143(1) of the Constitution of India
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The Ahmedabad St.Xaviers' College Society and another Vs. State of Gujarat and another
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