BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

26.11.2025 23.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.31893 of 2025 &

WMP.(MD).Nos.25078 & 25080 of 2025 L.Jacob Linatson ... Petitioner -vs-

1.The Director of Elementary Education, College Road, Chennai – 600 006.

2.The District Educational Officer (Elementary)

Virudhunagar, Virudhunagar District.

3.The Block Educational Officer -2 Sattur, Virudhunagar District.

4.The Correspondent TELC Middle School, Sattur, Virudhunagar District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the first respondent Director of Elementary Education in Na.Ka.No.023965/H1/2024, dated 26.11.2024, quash the same and further direct the respondents to approve the appointment of petitioner as Secondary Grade Teacher in the fourth respondent school namely, TELC Middle School, Sattur, Virudhunagar District w.e.f., 17.08.2017 and disburse grant-in-aid towards his salary and other allowances, and pass such other suitable order.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.N.Satheesh Kumar AGP for RR1 to R3

O R D E R

This Writ Petition had been filed to quash the impugned proceedings issued by the first respondent, dated 26.11.2024 and to direct the respondents to approve the appointment of petitioner as Secondary Grade Teacher in the fourth respondent school namely, TELC Middle School, Sattur, Virudhunagar District w.e.f., 17.08.2017 and disburse grant-in-aid towards his salary and other allowances.

2. Heard Mr.S.Xavier Rajini, the learned counsel appearing for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents 1 to 3.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Secondary Grade Teacher in the fourth respondent school in a vacancy that arose due to the retirement of the then incumbent in the year 2015. He would submit that as there was an internal dispute with the management of the Joint/Corporate Management of the schools of which the fourth respondent school was part of and hence this Court had appointed a retired Judge of this Court as an Administrator of the Corporate Management. The second respondent had initially refused to grant approval of the appointment and on the premise by the Administrator appointed by this Court, cannot appoint Teachers. Hence, the petitioner had approached this Court in W.P.(MD).No. 12603 of 2022, which was taken up with other similar Writ Petitions and by order dated 02.09.2022, this Court setting aside the order of rejection, had directed the authorities to approve the appointment of the petitioner to the post of Secondary Grade Teacher in the fourth respondent school w.e.f., the initial date of appointment. Against which an Intra Court Appeal was preferred by the respondents wherein the Division Bench of this Court by its order dated 20.11.2023, recording an undertaking of the State that the judgement of this Court in the case of Iruthaya Amali's, case (W.A.No.76 of 2019 etc., batch dated 31.03.2021) would be followed, had remitted the matter back to the authorities for fresh consideration, but however, under the impugned order contrary to the judgement of the Division Bench of this Court in Iruthaya Amali's, case holding that there was a surplus Teacher in the Joint/ Corporate Management of which the fourth respondent school is part of, rejected the claim for approval. Apart from also holding that the petitioner do not possess TET.

4. Challenging the same, the petitioner had approached this Court in W.P.(MD).No.18001 of 2024, wherein this Court by its order dated 01.08.2024, holding that in respect of a minority institution, TET is not mandatory, had remitted the matter back to the authorities calling upon the fourth respond