Mr.R.A.S.Senthilvel, learned Additional Government Pleader, took notice for the respondents 1 to 4.
2.This writ petition has been filed challenging the impugned order dated 06.10.2017 in O.Mu.No.3591/A4/17, passed by the District Educational officer, Tiruppathur, Vellore District (4th respondent herein), wherein the proposal dated 12.06.2017 sent by the 5th respondent school viz., Don Bosco Higher Secondary School, Gandhi Nagar, Vellore, seeking approval of appointment of the petitioner Antony Doss as Laboratory Assistant in the 5th respondent school on account of retirement of one Mr.A.Chinnappan on 30.04.2017, was returned.
3.The learned senior counsel appearing for the petitioner, assailing the impugned order, submitted that the 5th respondent-school is a minority educational institution governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. It is receiving grant in aid from the State Government. It is well settled legal position that whenever any vacancy arises on account of promotion, retirement, removal or dismissal of any teaching or non-teaching staff in the minority educational institutions, receiving grant in aid from the State Government, they are entitled to fill up the said post without prior permission from the Government as per Section 19 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, if it is a sanctioned post.
4.Drawing the notice of this Court to the staff-fixation proceedings dated 30.11.2016 in Na.Ka.No.5592/Aa2/2016, for the year 2016-2017, issued by the Chief Educational Officer, Vellore, the learned senior counsel for the petitioner submitted that the post of Laboratory Assistant was already sanctioned to the 5th respondent school by the Chief Educational Officer, Vellore, which is given asunder_ ghfk; ? 2 Mrphpauy;yhnjhh; tptuk;
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5.The crux of the issue whether the minority educational institution can fill up the sanctioned post which falls vacant on account of retirement, promotion, removal, dismissal etc., has already been settled in catena of decisions, one such decision has been passed by me also in a batch of writ petitions in W.P.(MD).No.14115 to 14119 of 2016 etc (batch cases), decided on 19.08.2016, ordering the official respondent therein to accord approval for filling up of the vacancies against the sanctioned posts of non-teaching staff by the Private Aided schools. For better appreciation, relevant portions of the order passed by me are extracted below:- "3.A cursory reading of the aforementioned Honourable Division Bench judgment in (2013) 7 MLJ 641, clearly shows that the issue raised in the present writ petitions, is no longer res intergra, because the Honourable Division Bench of this Court in the aforementioned judgment has also made it clear that there is no requirement under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Private Colleges (Regulation) Rules, 1976, to seek prior permission to fill up any vacant post in an aided college, which has already been sanctioned for the academic year by the Director of Collegiate Education under Rule 11(1) of the Rules.
4.Therefore, the issues raised in the present writ petitions having been settled by tis Court, I have no hesitation to accept the prayer made by the petitioners.
5.In the result,
(i)All the writ petitions are allowed.
(ii)The impugned orders are set aside.
(iii)The respective respondents are directed to approve the appointments of non-teaching staff in the Private Aided Schools in these cases and to sanction grant, within a period of four weeks from the date of receipt of a copy of this order."
6.In the light of the above decision, the present writ petition is allowed and the impugned order is set aside. The official respondents are hereby directed to approve the appointment of the petitioner, with all monetary and other service benefits, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.
15.11.2017 Index : Yes / No Internet : Yes / No To
1.The Secretary, Government of Tamil Nadu Department of School Education, Fort St. George, Chennai-600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Office of the Chief Educational Officer, Vellore.
T.RAJA, J.
ssv
4.The District Educational Officer, Office of the District Educational Officer, tiruppathur, Vellore-635 601.
W.P.No.29128 of 2017 and W.M.P.No.31387 of 2017 15.11.2017