Judicial scrutiny ensures that teacher appointments in minority institutions cannot be denied without substantiated evidence of surplus staff, upholding equitable rights to employment.

COMMON ORDER

W.P.No.966 of 2024 has been filed for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 31.03.2022 in Na.Ka.No 709 / A4 / 2021 on the file of the 3^rd respondent and the consequential proceedings dated 28.03.2023 in O.Mu.No 2174 AA3 / 2023 on the file of the 4^th respondent and quash the same directing the respondents 1 to 4 to accord approval to the appointment of the petitioner J.Pauline, working as B.T Assistant (Science) in the 5^th respondent St. Antony’s Government Aided High School Adichapuram Thiruvaruru District 614 717 w.e.f 12.02.2019 with all monetary and service benefits.

2. W.P.No.971 of 2024 has been filed for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 24.12.2019 in O.Mu.No 2699 AA3 / 2019 on the file of the 4^th respondent and quash the same directing the respondents 1 to 4 to accord approval to the appointment of the petitioner Sr. A. Josephin Priya, Working as B.T. Assist (Science) in the 5^th respondent St. Joseph Girls Higher Secondary School, Mannargudi, Thiruvaruru District 614 001, w.e.f 06.06.2018, with all monetary and service benefits.

3. W.P.No.973 of 2024 has been filed for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 24.12.2019 in O.Mu.No 2701 AA3 / 2019 on the file of the 4^th Respondent and quash the same directing the respondents 1 to 4 to accord approval to the appointment of the petitioner E. Arul Abinesha Working as B.T. Assistant (Maths) in the 5^th respondent St. Joseph Girls Higher secondary School, Mannargudi, Thiruvaruru District 614 001 w.e.f 01.06.2018, with all monetary and service benefits.

4. The case of the petitioner in W.P.No.966 of 2024 is that the 5^th respondent School is established and administered by the Congregation of the Regular Tertiary Franciscan Sisters of Our Lady of Bon Secours. For the purpose of legal perpetuity, the said Congregation is registered as a society. In the year 2001, a Secondary Grade Assistant Post was upgraded as B.T. Assistant vide proceedings dated 05.02.2019 due to voluntary retirement of one Tamilarasi. In the said upgraded post, the petitioner was appointed as B.T. Assistant (Science), by order dated 11.02.2019 in the 5^th respondent School w.e.f.12.02.2019. Immediately thereafter, the proposal of the appointment of the petitioner as B.T. Assistant (Science) w.e.f. 12.02.2019 was submitted by the 5^th, to the 4^th respondent for approval. However, the 4^th respondent vide impugned order dated 06.11.2019, returned the proposal without approval stating that till all the surplus posts are deployed, approval cannot be granted. Thereafter, the 5^th respondent Management submitted the details and requested for approval of the appointment of the petitioner. Again, the 4^th respondent vide impugned order dated 28.03.2023 rejected the approval referring to the proceedings of the 3^rd respondent 31.03.2022 as if the 5^th respondent Corporate Management has surplus teacher. Without deployment, appointing the petitioner in the surplus post is not sustainable one. Challenging the same, the Writ Petition in W.P.No.966 of 2024 has been filed.

5. The case of the petitioner in W.P.No.971 of 2024 is that the 5^th respondent School is established and administered by the Congregation of the Regular Tertiary Franciscan Sisters of Our Lady of Bon Secours. For the purpose of legal perpetuity, the said Congregation is registered as a society. The petitioner was app