Minority institutions must comply with government staffing regulations despite constitutional rights, especially regarding sanctioned posts requiring minimum student numbers.

O R D E R

The present writ petition has been filed against the impugned order dated 30.07.2019, in and by which, the approval of the appointment of the petitioner to the post of sewing Teacher was rejected.

2.The brief facts, which are necessary for the disposal of the present writ petition is that, the petitioner was appointed in the sixth respondent School on 21.07.2018 in the retirement vacancy of one J.Darling. Therefore, the sixth respondent forwarded the proposal for the approval of the fifth respondent, but the same was rejected on the ground that there were no required students strength. The said order is impugned in the present writ petition.

3.Heard Mr.S.Chellapandian, learned counsel appearing for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondent Nos.1 to 5 and Mr.P.Alwin Balan, learned counsel appearing for the sixth respondent.

4.The learned counsel for the petitioner would submit that the post of Sewing Teacher is a sanctioned post, and that the sixth respondent being a minority institution, they can very well fill such post without any prior approval. It is his further submission that the post of Sewing Teacher is stand alone post, therefore, the criteria of students strength will have no bearing for the stand alone post. The learned counsel would submit that under Article 30(1) of the Constitution of India, right to administrate the education institution is vest with the minority institution. He would further submit that since the Management was of the firm view that the appointment of Sewing Teacher would be in the interest of the institution and the interest of the students, the denial of approval citing the strength of the students would run counter to the constitutional right conferred under Article 30(1) of the Constitution of India. In support of his contention, the learned counsel relied upon the judgment of the Hon'ble Division Bench in W.A(MD)No.844 of 2024 dated 05.06.2024(The State of Tamil Nadu, represented by its Secretary, Department of School Education, Fort St.George, Chennai V The Correspondent, St.Joseph's Middle School, Ramnagar, Devakottai-630 030, Sivagangai District.

5.Per contra, the learned Additional Government Pleader would vehemently contend that according to the staff sanction order for the academic year 2012-2013, the post of Sewing Teacher was identified as surplus and that the management has surrendered such post to the general pool. Even on the date of retirement of the previous teacher qua J.Darling, the student strength of the school was only 139, more specifically in the middle school, the strength was only 92. The learned Additional Government Pleader wold further submit that during the appointment of the petitioner, the total students strength of Std., 1 to 8 has further reduced to 85 and the middle school strength was only 56. Therefore, contended that in the staff sanction order for the academic year 2018 - 2019 the Sewing Teacher post was not sanctioned. Therefore, the appointment of the petitioner in the said post is contrary to G.O.Ms.No.132 dated 27.04.1998. In support of his contention, he relied upon the Division Bench judgment in W.A(MD)No.1063 of 2020(The District Educational Officer, Tuticorin & Pudukottai, Tuticorin District and others V P.Pon Selvi), dated 27.11.2024, W.A(MD)No.1017 of 2025(The Director of School Education, Chennai and others V Suyambulingam Higher Secondary School, Represented through its Secretary, S.J.Gurusamy Pandian, T.N.Pudhukudi, Puliyangudi, Kadayanallur Taluk, Tirunelveli District) and W.A(MD)No.441 of 2019(The State of T