Prior approval from educational authorities is mandatory for non-minority institutions to fill sanctioned vacancies in accordance with statutory regulations, irrespective of delays in response.

ORDER :

R.VIJAYAKUMAR, J.

1. The present writ petition had been filed challenging the order passed by the second respondent on 11.12.2020 wherein the proposal of the petitioner management to grant prior permission to fill up the post of Secondary Grade Teacher has been rejected. The petitioner management has further prayed for a mandamus to approve the appointment of Tmt.P.Banu Priya as a Secondary Grade Teacher in the petitioner school with effect from 23.11.2020 with all consequential monetary benefits.

(A).Factual Matrix:

2.The petitioner school is a Non-minority Aided Institution. A Secondary Grade Teacher Tmt.Mariya Floris had attained superannuation on 31.05.2016. The school management has addressed a communication on 31.08.2016 seeking prior permission of the authorities to fill up the said post. Two further reminders were sent on 06.07.2017 and 05.12.2018. However, there was no response from the authorities. Another Secondary Grade Teacher, Tmt.Rama had attained superannuation on 31.05.2019. According to the petitioner management, they have sent communications on 12.07.2019 and 05.09.2019 seeking prior permission to fill up the said post. The third respondent herein had recommended on 12.07.2019 for the said post. However, the second respondent has not passed any order.

3.In the meantime, the educational authorities have deputed a B.T.Assistant Teacher from another School to the Secondary Grade Teacher vacancy of the petitioner school on 06.01.2020 for a period of 20 days from 07.01.2020 to 27.01.2020. A further order was passed on 02.11.2020 deputing the same teacher to the petitioner school for the academic year 2020-2021. However, it is alleged that the said teacher has not joined the petitioner management.

4.The petitioner management has appointed one Tmt.P.Banu Priya as a Secondary Grade Teacher on 21.11.2020. She had joined on 23.11.2020. According to the petitioner management, they have submitted a proposal for appointment to the third respondent on 17.12.2020 and it was received by him on 18.12.2020. When the proposal for approval of the appointment of Tmt.P.Banu Priya was pending, the second respondent has passed the impugned order on 11.12.2020 rejecting the request of the petitioner management for granting prior permission to fill up the post of Secondary Grade Teacher. A consequential communication was addressed by third respondent on 24.12.2020 and the same was served upon the management on 19.01.2021.

5.In the present writ petition, the petitioner management has challenged the order of the second respondent dated 11.12.2020 and a consequential communication of the third respondent dated 24.12.2020 with a prayer to approve the appointment of Tmt.P.Banu Priya with effect from 23.11.2020.

(B).Submissions of the learned counsel appearing on either side

6.According to the learned counsel for the writ petitioner, the petitioner management has addressed a communication for seeking prior permission even when a first vacancy arose on 31.05.2016. The communications were addressed on 31.08.2016, 06.07.2017 and 05.07.2018 respectively. However, there was no response from the authorities.

7.The learned counsel had relied upon a decision of this Court and contended that when prior permission application has been made and the same is not answered by the authorities, it should be deemed that prior permission has been granted. As an alternative submission, he contended that for filling up a sanctioned post, prior permission from the authorities is not at all required