IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.03.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39802 of 2024 &

W.M.P.No. 43116 of 2024 N.Robert Divine ...Petitioner Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

2.The Chief Educational Officer, Thiruvannamalai Thiruvannamalai District.

3.The District Educational Officer Thiruvannamalai Thiruvannamalai District.

4.The Correspondent, ALC Higher Secondary School, Thiruvannamalai District ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to proceedings issued by the 3^rd respondent in Pa.Mu.No.1698/A2/2024 dated 21.11.2024 and quash the same and consequently directing the respondents to approve the appointment of the petitioner in the post of B.T.Assistant (English) in the 4^th respondent school from the date of appointment on 08.02.2023 with all consequential and attendant benefits including the payment of salary from the date of appointment along with interest.

For Petitioner : Mr. S.Nedunchezhiyan For Respondents : Mrs. Mythreye Chandru

1 to 3 Special Government Pleader For Respondent 4: No Appearance.

O R D E R

This writ petition is filed for the following relief:

“To call for the records relating to proceedings issued by the 3^rd respondent in Pa.Mu.No.1698/A2/2024 dated 21.11.2024 and quash the same and consequently directing the respondents to approve the appointment of the petitioner in the post of B.T.Assistant (English) in the 4^th respondent school from the date of appointment on 08.02.2023 with all consequential and attendant benefits including the payment of salary from the date of appointment along with interest.”

2.The 4^th respondent school is a Religious Minority institution, established by the Corporate Management of Arcot Lutheran Church Dinish Mission Society and it remains to be a Government Aided School governed under the provisions of the Tamil Nadu Recognised Private Schools (Regulations) Act, 1973 and Rules 1974.

3. It is submitted that one Mrs. Lydial, who was working as a B.T.Assistant (Science) in the 4^th respondent school had passed away and the said post was converted as B.T.Assistant (English) and in the said post the petitioner was appointed by orders of the 4^th respondent dated 30.07.2023. Accordingly, the petitioner joined the service in the post of the B.T.Assistant (English) on 08.02.2023. Thereafter, the 4^th respondent school submitted a proposal on 05.07.2023, to respondents for approval of his appointment, with effect from 08.02.2023. However, the same was rejected stating that the said post was surplus in corporate management, prior permission is required before appointing the petitioner to the converted post and the petitioner has not cleared TET examination.

4. Challenging the rejection of approval for sanctioned post in the

4^th respondent School, the petitioner is before this Court.

5. This Court in a similar case in WA.(MD).No.1716 of 2024 dated 26.09.2024, had observed as follows:

2.The order in the writ petition which is the subject matter of the appeal arose under the following circumstances: The petitioner which is an aided minority institution is under a corporate management. A vacancy arose in one of the schools due to the retirement of one M.G.Mary Isabell who was a B.T.Assistant (English) and the post was upgraded automatically as B.T.Assistant in terms of G.O.Ms.No.79, School Education Department, dated 14.06.2022. In the upgraded vacancy, the corporate management transferred one Sr.Roselet Mary as a B.T.Assistant in English, by its order dated 01.06.2017 and she joined the school on 08.06.2017. When approval was sought for the said appointment that came to be rejected on the ground that there was a surplus teacher in the school from the years 2017-2018 to 2019-2020. This order was passed on 02.07.2020, despite the fact that this Court had as early as on 21.03.2012 by its p