IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.03.2026 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR W.A.No.251 of 2026

1. The Government of Tamil Nadu Rep. By its Principal Secretary Department of School Education Fort St. George, Chennai – 600 009.

2. The Director of School Education College Road, Chennai – 600 006.

3. The Chief Educational Officer Chief Educational Office Cuddalore – 607 001.

4. The District Educational Officer District Educational Office Cuddalore – 607 001. .. Appellants Vs.

The Headmistress and Correspondent St. Annes Girls Higher Secondary School Cuddalore – 607 001. .. Respondent Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.10906 of 2024 dated 08.08.2025.

For the Appellants : Mr.J.C.Durairaj Additional Government Pleader For the Respondent : Ms.H.Mary Sowmi Rexy for M/s.Isaac Chambers JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.)

The respondent was a minority Institution, recognized and aided by the Government. As per the staff fixation order, which was in vogue, for the Academic Year 2023-24, among the other posts, there is a post called “Vocational Instructor”, where, one incumbent, by name K.Nimme, was working and she retired from service on 30.06.2023 on superannuation. As the said post became vacant on superannuation of the said K.Nimme, another Teacher, namely, T.Paraloga Mary, was appointed by the order dated

01.07.2023 with effect from 01.07.2023.

2. Thereafter, a proposal has been sent by the School to the appellant Department for approval vide letter dated 24.07.2023. However, the same was rejected through the order dated 03.04.2024 by the officials concerned, who are the appellants herein, stating that, insofar as the post of Vocational Instructor is concerned, once the present incumbent retires, automatically, the post will get lapsed and therefore, it would be surrendered automatically to the Government or the Department concerned, where, no new incumbent could be appointed, hence, the appointment made in favour of R.Paraloga Mary cannot be approved.

3. That was the reason stated by the appellant Department.

Challenging the same, the writ petition was filed. The Writ Court, having considered a Division Bench Judgment made in the case of The Government of Tamil Nadu, Rep. By Secretary to Government, Department of School Education Vs. J.Remila and Ors., W.A.No.1350 of 2017; Dated: 14.11.2017., has concluded that, insofar as the post which has been sanctioned is concerned, no prior approval is needed to be obtained from the Government by the minority Institution to fill up the same. The only question is that, whether the post, wherein appointment has been made, is a sanctioned post or not.

4. In this context, the learned Judge also referred that, in respect of the staff fixation report dated 12.10.2023, which has been subsequently mentioned that the post where the present incumbent has been working, which is in dispute now, since has become vacant and is still vacant since 01.06.2023, even though factually is incorrect according to the learned counsel appearing for the respondent, as the erstwhile incumbent was working in the said post till 30.06.2023 and it became vacant only from 01.07.2023, and on 01.07.2023 itself the present incumbent has been appointed and whose appointment has been sent for approval on 24.07.2023, the order impugned before the Writ Court was passed.

5. We have heard Mr.J.C.Durairaj, learned Additional Government Pleader appearing for the appellants and Ms.H.Mary Sowmi Rexi, learned counsel for the respondent.

6. As has been rightly held by the Writ Court, by, of course, following the judgment in J.Remila's case (cited supra), these kind of abrupt discontinuance of any sanctioned post cannot be taken unilaterally without putting the School on notice. Insofar as the respondent/writ petitioner School is concerned, it is a minority-run Institution, where, the post of V