The approval of appointments against sanctioned posts in education must be respected, and arbitrary cancellation without valid justification is impermissible.

ORDER :

1. This writ petition is filed for issuance of a Writ of Certiorari, to call for the records relating to the impugned notice issued by the 3^rd respondent in Na.Ka.No.01094/Aa2/2020 dated 13.07.2020 and to quash the same.

2. The case of the petitioner is that she is qualified with B.Sc.,(Computer Science), B.Ed., and M.Sc., (Information Technology). The 4^th respondent school is a Government Aided School sanctioned with teaching posts including one post of Vocational Instructor (Computer Science). The post of Computer Science Teacher become vacant due to retirement of incumbent Tmt.Ranjani on 31.05.2014, for which, the petitioner was selected and appointed vide appointment order dated 19.06.2014, followed by the order of appointment of 4^th respondent dated 20.06.2014 and the petitioner joined in the service on the same day on 20.06.2024 (F.N.). The proposal was forwarded by the 4^th respondent school to the 3^rd respondent and the 3^rd respondent issued orders dated 18.08.2016 approving the appointment of the petitioner in the post of Computer Science Teacher with effect from 20.06.2024 with assessment of salary grant in the scale of pay of Rs.9300-34800+466 GP.

3. The 3^rd respondent issued the impugned proceedings dated 13.07.2020 in the form of Show Cause Notice by referring to the proceedings by the department dated 28.08.2003 as per which if a vacancy arose to the post of Vocational Instructor due to retires, resigns, dies or left for another job, it should be surrendered to the department on that basis, the approval of appointment granted in favour of the petitioner with effect from 20.06.2024 vide order dated 18.08.2016 is liable to be cancelled and accordingly the petitioner and the 4^th respondent school directed to offer explanation within 15 days. Aggrieved over the same, the petitioner has come forward with the present writ petition.

4. The learned Senior Counsel appearing for the petitioner would submit that the post of Computer Science Teacher is a sanctioned post as per the staff fixation order for the year 2014-15, 2015-16. In the year 2016-17, the post of Computer Science Teacher was stated to be surrendered after the retirement of previous incumbent Tmt.Ranjani vide order dated 30.09.2016. Whereas, it has been immediately corrected and a Corrigendum was issued vide proceedings of the 2^nd respondent dated 19.12.2016 by restoring the post of Computer Science Teacher in the year 2016-17 staff fixation order.

5. The learned Senior Counsel would further submit that the Computer Science course remains to be ongoing course even for the present academic year and there are 57 students in 11^th Standard and 38 students in 12^th Standard facing public examination. While so, the impugned proceedings in the form of show cause notice is against the ratio already rendered by the orders of this Court and it remains to be arbitrary exercise of power and the same is unsustainable.

6. The learned Senior Counsel would further submit that the Chief Educational Officer/2^nd respondent herein has issued a proceedings in Na.Ka.No.7270/A6/2016 dated 30.09.2016 by which he has informed the Registrar/Secretary of the 4^th respondent school that permission was granted to appoint Teacher in the 4^th respondent school for the Academic Year 2016-17.

7. The Chief Educational Officer / 2^nd respondent herein has iss