Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice J.SATHYA NARAYANA PRASAD
S. Kiruba Keller – Appellant
Versus
Director of School Education, Chennai – Respondent
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 3rd 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 4th 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 4th 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 4th respondent school to the 3rd respondent and the 3rd 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 3rd responde
The approval of appointments against sanctioned posts in education must be respected, and arbitrary cancellation without valid justification is impermissible.
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
Minority institutions must comply with government staffing regulations despite constitutional rights, especially regarding sanctioned posts requiring minimum student numbers.
The termination of the teacher was unlawful as it violated principles of natural justice, and the appointment was validly made under due process against a clear vacancy reserved for Scheduled Tribe.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
Grant-in-aid is not automatic and depends on various factors, and appointments must comply with relevant government orders and staff fixation rules.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
