BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 28/10/2025 Pronounced on : 28/11/2025 CORAM :

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU W.P.(MD).No.26997 of 2025 and W.M.P.(MD).No.20968 of 2025 S.Ananda Samuel Devairakkam ...Petitioner -Vs-

1. The Chief Educational Officer Thirunelveli District Thirunelveli.

2. The District Educational Officer(Secondary)

Thirunelveli District Thirunelveli.

3. The Correspondent, St. Johns Higher Secondary School, Palayamkottai, Tirunelvei District.

4. The Manager, TDTA Higher Secondary and Special Schools, CSI Tirunelveli Diocese, Palayamkottai, Tirunelveli, Tirunelveli District. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.2689/A4/2024 dated 11.09.2025 of the 1^st respondent herein and quash the same and consequently direct the respondents 1 and 2 herein to approve the appointment of the petitioner as a B.T. Assistant (Maths) w.e.f. 01.08.2019 with all attendant benefits to the petitioner herein.

For petitioner : M/s.Pon Ramkumar For Respondent Nos.1 & 2 : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

This writ petition is filed challenging the impugned order in Na.Ka.No.2689/A4/2024 dated 11.09.2025 passed by the 1^st respondent and seeking consequential direction to the respondents 1 and 2 herein to approve the appointment of the petitioner as a B.T. Assistant (Maths) w.e.f.

01.08.2019 with all attendant benefits to the petitioner.

2. The learned Counsel for the petitioner would submit that the petitioner had been appointed as B.T. Assistant (Maths) on 01.08.2019 in the 3^rd respondent institution. The proposal submitted by the 3^rd respondent institution was pending, and hence, the petitioner had filed a writ petition in W.P.(MD).No.7197 of 2024, seeking direction to the respondents therein to approve the appointment which was allowed by the learned Single Judge. Aggrieved against the same, the respondents filed a writ appeal in WA(MD).No.207 of 2024. This Court by an order dated 27.02.2024, was pleased to dispose of the said writ appeal and directed to complete the deployment process.

3. He would submit that the issue of Joint/Corporate Management surplus was a contention that was sought to be implemented by a Division Bench of this Court in WA.(MD).No.76 of 2019 etc., batch cases in its order dated 31.03.2021. Thereafter, a Division Bench in a further intra court appeal in W.A.(MD).No.1557 of 2023, had held that the judgment made in WA(MD).No.76 of 2019 etc., batch can only be held to be prospective and the same cannot be applied to the cases where appointments have been made prior to the date of the judgement. However, in the intra Court appeal preferred by the department, a contrary view had been taken by another Bench in its order dated 30.04.2025, holding that the said judgement would have to be applied retrospectively. He would further submit that the subsequent Bench had not taken into consideration, the reasoning attributed by the earlier Division Bench in holding the judgment in W.A.(MD).No.76 of 2019 etc., batch to be prospective. He would further contend that the reliance placed upon the subsequent Division Bench in its order dated 30.04.2025, was upon a circular that had been issued in the year 2010, which is not supported by the Act of the TamilNadu Private Schools (Regulation) Rules 2023, governing the private schools. Therefore, the subsequent Division Bench judgement cannot be said to be a good law. 4. As regards the qualification of TET, he would submit that the Government had taken a policy decision to approve the appointments of teachers who have not qualified with TET, if such appointments have been made before 13.1.2023. But, however, subject to the result of the decision to be rendered by the Larger Bench of the Hon'ble Apex Court. Hence, he would submit that the impugned order is pass