No prior permission is required for filling non-teaching posts in aided schools; surplus staff in other schools cannot justify denial.

ORDER

The present writ petition is filed challenging the impugned order dated

27.06.2023 whereby the petitioner's appointment to the post of Watchman was denied by referring to surplus staff working in other Schools.

2. It is submitted by the learned counsel for petitioner that the petitioner was appointed in the sanctioned post in the 4th respondent School and thus entitled for approval of appointment and the surplus staff working in other schools cannot be a reason for denying approval of appointment of the petitioner.

3. It is submitted that the above denial is on the basis of G.O.Ms.No.238 dated 13.11.2018. The said G.O. was the subject matter of challenge in W.P.No.14706 of 2022, whereby direction was issued to approve the appointment of the petitioner therein as Office Assistant. The aforesaid writ petition was disposed of vide order dated 31.01.2024, wherein it was held as under:

“6. As per Rule 15(4) of the Tamil Nadu Recognized Private Schools (Regulations) Act 1973, no prior permission is required to fill up the non~teaching post in the aided non~minority/minority School. In fact, the petitioner School had sought permission from the second respondent to fill up the post of Office Assistant as early as on 26.09.2019 and 11.10.2021. However, the second respondent kept in cold storage and failed to pass any orders. This Court repeatedly held that Rule 15(4) (i) is general and the same is applicable to both teaching and non~teaching posts. However, Rule 15(4)(ii) would not apply to non~teaching posts. Rule 15(4)(ii) applies only to teaching posts. The said Rule15(4)

(ii)(iii) reads as follows :

“15 (4)(ii)(iii)......In the case of appointment from any other school or by direct recruitment, the School Committee shall obtain prior permission of the District Educational Officer in respect of Pre~primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools, Teachers- Training Institutions setting out the reasons fro such appointment. In respect of Corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of this Rules”

7. Therefore, as far as the appointment of the non~teaching staff are concerned, the Tamil Nadu Recognized Private Schools (Regulations) Act or Rules provided for any such requirements and therefore the rejection order passed by the second respondent is contrary to law and it cannot be sustained in law.

8. In view of the above, this Court finds infirmity in the order passed by the second respondent and it is liable to be quashed. Hence, the impugned order dated 27.04.2022 in O.Mu.No.2057/Aa2/2022 passed by the second respondent is hereby quashed. Accordingly, this Writ Petition stands allowed. The second respondent is directed to approve the appointment of M.Pavitha Balaji as Office Assistant with effect from 25.02.2022 with all consequential benefits, forthwith. No costs.”