SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Mad) 3357

S. M. SUBRAMANIAM, V. LAKSHMINARAYANAN
Commissioner of School Education – Appellant
Versus
Hidhayathul Islam Higher Secondary School rep. by its Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.R.Baskaran, Additional Advocate General assisted by Mr.D.Sadiq Raja Additional Government Pleader
For the Respondent: Mr.T.Pon Ramkumar

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:

    (i) The Teachers identified as surplus from minority Institutions (Corporate Management).

(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

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon telegram-icon
                    whatsapp-icon Back to top