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2025 Supreme(Mad) 2654
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N. MANJULA, J.
G. Nithyadevi – Petitioner
Versus
The Director of School Education College Road, Chennai-600006 and Ors. – Respondents
W.P. No. 17892 and 17901 of 2019 and W.M.P. Nos. 17300 and 17307 of 2019
Decided On : 04-04-2025
For the Petitioner: Mr.P.Ganesan (both Wps)
For the Respondents: Mrs. P. Rajarajeswari, GA (both Wps)
The court affirmed that appointments in sanctioned posts cannot be denied approval without valid reasons, emphasizing uniformity in applying approval standards.
Headnote:
(A) Government Orders - G.O. Ms. No. 967, Education (HS.3) Department, dated 16.10.1992; G.O. Ms. No. 1177, Education (HS3) Department, dated 01.12.1992 - Approval of appointment of vocational teachers - Petitioners, qualified Computer Instructors, sought approval for their appointments as Vocational Teachers, which was denied based on government orders regarding appointment conditions - Court found that the petitioners were appointed in sanctioned posts and the ban on appointments had been lifted, thus entitling them to approval. (Paras 1-5)
(B) Writ Jurisdiction - The court emphasized that if a person is appointed in a sanctioned post, approval cannot be denied without valid reasons, and the same standards must apply uniformly to all petitioners. (Paras 14-16)
Facts of the case:
The petitioners, qualified Computer Instructors, sought approval for their appointments as Vocational Teachers in a school, which was denied based on government orders restricting appointments.
Findings of Court:
The court ruled that the petitioners were entitled to approval as their appointments were made in sanctioned posts and the ban on appointments had been lifted.
Issues: The main issues included whether the petitioners' appointments could be approved despite the government orders and the uniform application of approval standards.
Ratio Decidendi: The court held that the petitioners' appointments were valid as they were made in sanctioned posts and the ban on appointments had been lifted, thus requiring approval.
Result: Writ petitions allowed; impugned orders set aside.
ORDER :
These writ petitions have been filed to call for the entire records connected with the impugned orders of the second respondent passed in Oo.Mu.No.9454/E4/2018 and Oo.Mu.No.9455/E4/2018 dated 27.05.2019 and quash the same and directing the second respondent to approve the appointment of the petitioners as Vocational Teacher (Computer) in the petitioners School w.e.f. 02.07.2018 with all consequential benefits, based on the proposal by the fourth respondent dated 10.07.2018.
2. The petitioners are working as Computer Instructors in the fourth respondent School. They are also qualified to act as Computer Teachers to every vacancy arises in the permanent post of Computer Teachers and the petitioners have been appointed and the proposals have been sent to the second respondent for approval. The approval was rejected for the reasons that the Government has issued an order stating that the incumbents who have been working in the sanctioned post once retired or promoted under fresh appointments can be made.
3. The Government orders issued in G.O. Ms. No.967, Education (HS.3) Department, dated 16.10.1992 reads as under:-
“4. Government examined the matter carefully based on the recommendations of the Director of School Education and they have decided:-
(a) to ordering 587 fully qualified double part time teachers into regular scale of pay.
(b) unqualified 450 double part time teachers may be trained and absorbed in the regular scales of pay.
(c) to bring all qualified single part time teachers into existing /sanctioned secondary grade posts and
(d) other unqualified single part time Teachers may be given training and absorbed as secondary grade teachers in future.
5. I. Sanction is accordingly accorded to the creation of 587 (Five Hundred and Eighty Seven Only) posts of vocational instructors in the scale of pay of Rs.1400-40-1600-50-2300-60- 2600 to teach vocational education in various subjects so as to absorb the fully qualified double part time vocational instructors on regular basis with effect from the date of this order. These posts will be adjusted in the posts meant for vocational education as per government of India guidelines. Government also order to abolish 587 double part time teachers posts.
II. The incumbents of the posts will be eligible for D.A. And other allowances as admissible from time to time in addition to their pay.
III. The posts sanctioned in para 5 (i). above, either in Government or non-Government Higher Secondary Schools will be for a period of 3 years from the initial sanction.
6. The Director of School Education is requested to take immediate action to fill up the posts of the vocational instructors sanctioned in para 5(i). above and to abolish the double part time vocational teachers posts.
7. As regards the items in (b) and (d) in para 4 above, the Director of School Education is requested to formulate suitable training programme for the unqualified double part time and single part time vocational instructors and as regards item 3 © the Director of School Education is requested to send proposals with full details for appointing the qualified single part time vocational instructors as secondary grade teachers for approval immediately. ”
The above Government Order has stated that the posts sanctioned as per this Government Order would be for a period of 3 years from the initial sanction. However, a clarification has been issued in the subsequent Government Order in G.O. Ms. No. 1177, Education (HS3) Department, dated 01.12.1992 and the relevant paragraph of the above order is extracted as below:-
“3. Government after careful consideration accept the proposal of the Director of School Education. Accordingly the ban effected in the Government letter first read above be lifted with effect from the date of issue of this order. The Government also direct the Chief Educational Officer to permitted to fill up all the sanctioned vacant of part-time vocational instructions in the Higher Secondary Schools subject to the
