BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

&

W.M.P.(MD)No.2995 of 2019

V.Thivya ... Petitioner

Vs.

1.The Secretary to Government,

Department of School Education,

St.George Fort, Chennai.

2.The Director of School Education,

School Education Department,

DPI Compound, Chennai.

3.The Chief Educational Officer,

Tirunelveli District,

Tirunelveli.

4.The District Educational Officer,

Tenkasi Educational District,

Tirunelveli.

5.The Correspondent,

Barenbruck Higher Secondary School,

Bungalow Surandai, Tirunelveli. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned rejection order passed by the 4^th respondent in A.Thi.Mu.No.3810 / Aa3 / 2018 dated 19.12.2018 quash the same and consequently direct the 4th respondent to approve the petitioner's appointment as Computer vocational instructor at 5^th respondent school and give all other service and monetary benefit from 04.06.2018.

For Petitioner : Mr.S.Chellapandian For Respondents : Mr.P.T.Thiraviyam Government Advocate for R1 to R4 : Mr.P.P.Alwin Balan for R5

ORDER

The present writ petition has been filed by a vocational instructor (computer science) challenging the order of the fourth respondent dated 19.12.2018 wherein the request of the management to approve her appointment has been rejected.

2. A perusal of the impugned order reveals that the fourth respondent has rejected the proposal for approval on three grounds.

A. As per G.O.Ms.No.39, dated 21.03.2003, there is a ban order for appointing the teachers except for the subjects of Music and Sewing.

B. The post that is sanctioned to the school is a part time post and therefore, full time teacher cannot be appointed.

C. Since no post has been sanctioned to the School, in case of any retirement or resignation of any vocational instructor, the post will get surrendered to the Government.

This order is put to challenge by the writ petitioner.

3. A perusal of the staff fixation order for the academic year

2017-2018 for the fifth respondent school reveals that the school has been sanctioned with a full time post for the subject of computer science and there are no surplus teachers. Therefore, it is clear that it is a sanctioned post and it is also a full time post.

4. A perusal of the order granting approval to the appointment of Mr.L.Abraham dated 14.05.2010 reveals that there is no such condition that after his retirement, the post will get lapsed and it will revert back to the Government.

5. In such view of the matter, the order impugned in the writ petition is set aside and the respondents are directed to approve the appointment of the writ petitioner with effect from the initial date of appointment namely from 04.06.2018 and pass orders within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Consequently, connected miscellaneous petition is closed.

16.12.2025 Index : Yes / No Internet : Yes / No rmi To

1.The Secretary to Government, Department of School Education, St.George Fort, Chennai.

2.The Director of School Education, School Education Department, DPI Compound, Chennai.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Tenkasi Educational District, Tirunelveli.

R . VIJAYAKUMAR ,J .

rmi Order made in

16.12.2025