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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
Meenakshi Kudiyiruppu Primary School, Rep.by its Secretary – Appellant
Versus
Director of Elementary Education – Respondent
| Table of Content |
|---|
| 1. writ petition on prior permission and appointment (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner argues for deemed approval on lack of response (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondents assert prior permission is mandatory for non-minority schools (Para 13 , 14 , 15) |
| 4. court reiterates prior permission is required despite delays (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court sets aside rejection, remits for fresh consideration (Para 25 , 26) |
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
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.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
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