Minority educational institutions have the constitutional right to appoint teachers without undue interference, and procedural requirements that infringe upon this right are deemed unconstitutional.

ORDER :

This Writ Petition has been filed to quash the impugned proceedings issued by the fourth respondent dated ....01.2025 and for consequential direction to the respondents herein to approve forthwith the appointment of Mr.A.Saris Antony Samy as PG Assistant (Maths) in the petitioner school from the date of his appointment i.e., 26.07.2021 and disburse the grant-in aid towards his salary and allowance.

2. Heard the learned counsel for the petitioner and Mr.Siddharthan, learned Additional Government Pleader appearing for the respondents and carefully perused the materials available on record.

3. The petitioner school is recognized and aided minority educational institution. The school is presently having 618 students. There are 36 teaching and 5 non-teaching staff, who received aid from the Government. Other than that, one teaching staff is working in the self-financed section. The single post of P.G Assistant (Maths) in the petitioner school fell vacant on 09.06.2021 due to the demise of the previous incumbent Mr.M.Lazar. In that vacancy, the management of the school, basing on the merit and ability, appointed Mr.A.Saris Antony Samy in the post of P.G Assistant (Maths) with effect from 26.07.2021 and he joined duty on the same day and was working continuously. The school submitted proposal to the third respondent through the fourth respondent on 19.08.2021 requesting to approve the appointment of Mr.A.Saris Antony Samy as P.G.Assistant(Maths) and to disburse grant-in-aid towards his salary. The proposal was returned number of times and the petitioner re-submitted number of times. Finally, the fourth respondent vide impugned proceedings in O.Mu.No.1575/A5/2024 dated .. 01.2025 rejected the proposal directing the school to re-submit after complying the defects as stated herein under:

i) To enclose a copy of service register after making necessary entries to the effect that the teachers working in the schools eligible for promotion of P.G Assistant (Maths) expressed their non-willingness for the promotion of PG.Assistant(Maths).

ii) To enclose the staff fixation for the academic year 2024-2025. Aggrieved by the said proceedings, the present writ petition is filed.

4. The learned counsel for the petitioner submits that the reason assigned by the fourth respondent in returning the proposal of the petitioner is untenable and unconstitutional. The learned counsel contends that when the staff fixation is available with the respondents, seeking to enclose the same is arbitrary and unjust. The learned counsel also found fault with the action of the respondents 3 and 4 in seeking the non-willingness letter from other eligible teachers for the promotion of P.G.Assistant (Maths) and to that effect making entry in their service register would interfere with the minority right to the school in making appointment to the post of P.G Assistant (Maths). The learned counsel for the petitioner contends that the school, being the minority educational institution, has been guaranteed by Indian constitution to administer the educational institutions, which includes right to make the appointment of their choice. But the action of the respondents 3 and 4 would interfere in the right of the school in making eligible and meritorious candidate of their choice to the post of P.G. Assistant (Maths). The learned counsel submits that the right to appoint teachers has been recognized as an essential facet and an unenviable of the right of administration guaranteed to minority educational institution under the Constitution of India. The learned counsel further contends that when any appointments are made in the minority educational institutions, it is the duty of the Department to check whether the said appointment is made in the sanctioned vacancy and whether the appointee possessed the requisite qualification prescribed in Tamil Nadu Recognized Private Schools (Regulation) Act and Rules. When this being the legal position, the respondents cannot deny the approv