Minority educational institutions are not bound by certain procedural requirements for teacher appointments, affirming their rights under Article 30(1) of the Constitution.

ORDER :

Heard, the learned Counsel appearing for the petitioner, learned Additional Government Pleader appearing for the respondents and carefully perused the materials available on record.

2. The petitioner school is a aided minority Institution. One post of PG Assistant Botany in the petitioner's school fell vacant on 01.09.2022, due to the transfer of the previous incumbent Br.J.Kasmir. In that vacant post, one R.Selvakumar, was appointed as PG Assistant Botany on 12.04.2024. A proposal was sent to the respondents for the approval of the appointment of PG Assistant Botany has been rejected by impugned proceedings dated 06.02.2025. The reasons stated for rejection is no surplus teacher in the aided Higher Secondary Schools under the Corporate Management, as per Rule 28(4) of TamilNadu Private Schools (Regulation) Rules, 2023, if there are teachers with post Graduate qualification available in the Corporate Management firstly they should be promoted. Consequential to the proceedings of the third respondent, the fourth respondent issued proceedings dated 10.03.2025, informed the petitioner to resubmit the proposal along with certificate stating there is no surplus teachers in any of the schools coming under the Corporate Management and the name list of teachers working in the school, their qualification, among them if any teacher is possessing Post Graduate degree in Botany consent letter of relinquishing the promotion and that the said relinquishment has to be recorded in the Service register and the same has to approved by the Correspondent and to resubmit the proposal.

3. The learned Additional Government Pleader appearing for the respondents submits that the petitioner school has to submit the particulars sought by the Respondent No.3 and 4 while resubmitting the proposal. At present, the proposal is not rejected and it is only returned and as such interference of this Court at this stage is not required.

4. Heard the submissions of the respective counsels and carefully perused the materials available on record.

5. In view of the facts and circumstances of the case, this court is of the considered opinion that the issue involved in the present writ petition is no longer res integra. On several occasions this Court considered this issue and passed orders.

6. The learned Counsel for the petitioner has also drawn attention of this Court order dated 08.04.2025 passed in W.P.(MD).No.4532 of 2025, wherein, the same grounds i.e., approval of the appointment in minority educational institution is rejected and the same was quashed by this court, directing the respondents therein to grant approval to the petitioner therein. The relevant portion of the said order is extracted hereunder:

''6. On perusal of the record, it appears that a single post of P.G. Assistant (Maths) in the petitioner school fell vacant on 09.06.2021 due to the demise of the incumbent. In that vacancy, the petitioner school appointed Mr.A.Saris Antony Samy with effect from 26.07.2021. Thereafter, the school submitted proposal seeking approval of the said appointment. It appears number of times, the proposal was returned and the same was re-submitted. After prolonged correspondence, finally the said proposal was returned vide impugned proceedings raising two objections. One of the objection is to enclose the staff fixation in the academic year 2024-2025. The second objection is to enclose a copy of the service register after making necessary entries to the effect that the teachers working in the school eligible for promotion expressed their non willingness for the promotion. As rightly pointed by the learned counsel for the petitioner, when the staff fixation is available with the respondents, seeking to enclose the same and returning the proposal on that ground is illegal, unjust and arbitrary. With regard to the second objection raised by the respondents to enclose non-willingness letters from the eligible teachers after making necessary entries in the service registe