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.32019 of 2025 & WMP.(MD).No.25208 of 2025 R.Jeba Stella ... Petitioner -vs-

1.The Chief Educational Officer, Virudhunagar, Virudhunagar District.

2.The District Educational Officer (Primary Education)

Virudhunagar, Virudhunagar District.

3.The CSI Primary School, Rep., by its Correspondent, Podampatty, Aruppukkottai, 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 order passed by the second respondent in his proceedings in Na.Ka.No.29/Aa3/2022, dated 10.01.2025 and quash the same as illegal and consequently to direct the second respondent to approve the appointment of the petitioner in the post of Secondary Grade Teacher in the third respondent school w.e.f., 06.02.2019 with all attendant, service and monetary benefits within the period that may be stipulated by this Court.

For Petitioner : Ms.H.Jasima Yasmin For Respondents : Mr.N.Satheesh Kumar AGP for RR1 & R2

O R D E R

This Writ Petition had been filed to quash the impugned order passed by the second respondent, dated 10.01.2025 as illegal and consequently to direct the second respondent to approve the appointment of the petitioner in the post of Secondary Grade Teacher in the third respondent school w.e.f., 06.02.2019 with all attendant, service and monetary benefits within the period that may be stipulated by this Court.

2. Heard Ms.H.Jasima Yasmin, the learned counsel appearing for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents 1 & 2.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a Secondary Grade Teacher in the third respondent school in a sanctioned vacancy that arose due to the transfer of the incumbent and the petitioner had joined the duty on 06.02.2019. The Block Educational Officer by proceedings dated 24.06.2019, had originally rejected the proposal for approval stating that there is a surplus in the post of Secondary Grade Teacher. Challenging the same, the petitioner had approached this Court in W.P.(MD).No. 19583 of 2020, wherein by order dated 02.09.2022, the said Writ Petition came to be allowed quashing the order passed by the Block Educational Officer with a direction to the respondents to forthwith approve the appointment. Against the same, the respondents had preferred an Intra Court Appeal in W.A.(MD).No.728 of 2023 and the same came to be disposed of vide order dated 20.11.2023, remitting the entire issue back to the authorities with liberty to the third respondent to send a fresh proposal. Pursuant to the same, a fresh proposal had emanated on 14.10.2024, from the third respondent, but however the second respondent by order dated 10.01.2025 refused to approve the appointment claiming that there are surplus Teachers in the Corporate Management of which the third respondent school is part of and also that the petitioner do not possess TET.

4. Relying upon the judgment of the Hon'ble Division Bench of this Court in W.A.(MD).No.76 of 2019, etc batch, dated 31.03.2021 and further judgment of this Court in W.P.(MD).No.25712 of 2024, dated 14.10.2025, he would submit that for appointments made prior to 31.03.2021, the concept of Joint/ Corporate Management Surplus could not be applied. Further relying upon the circular issued by the Government to approve appointments made prior to 13.01.2023, of Teachers without the qualification of TET, he would submit that the petitioner having been appointed in 2019, is also entitled to the benefit of the said circular.

Hence, he seeks indulgence of this Court.

5. Countering his arguments, the learned Additional Government Pleader appearing for the respondents would submit that the petitione