STATE OF TAMIL NADU vs K.FEROZ KHAN

Court
Madras High Court

WA No. 1083 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA Nos. 1083 of 2020 & 992 of 2021
AND
CMP Nos. 6184 of 2021 & 13246 of 2020
WA No. 1083 of 2020
1. State Of Tamil Nadu
Rep.By Its Secretary To Government,
School Eduction Department, Fort St.George,
Chennai 9.
2. The Director Of School Education
College Road, Chennai 6.
3. The Joint Director Of School Education
(Higher Secondary), College Road, Chennai 6.
4. The Chief Educational Officer
Sivagangai.
5. The District Educational Officer
Sivagangai.
..Appellant(s)
Vs
1. K.Feroz Khan
Computer Instructor,
Ilayangudi Higher Secondary School,
Ilayangudi, Sivagangai District.
2. The Correspondent
Ilayangudi Higher Secondary School,
Ilayangudi, Sivaganga District.
3. S. Madalaimary
Vocational Teacher,
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WA No. 1083 of 2020
Sahayarani Girls Higher Secondary School,
Soosayapparpattinam, Sivagangai District.
..Respondent(s)
WA No. 992 of 2021
1. State Of Tamilnadu
Rep.By Its Secretary To Government,
School Education Department, Fort St.George,
Chennai 9.
2. The Director Of School Education
College Road, Chennai 6.
3. The Joint Director Of School Education
(Higher Secondary) College Road, Chennai 6.
4. The Chief Educational Officer
Trichy - 8
5. The District Educational Officer
Trichy -8.
..Appellant(s)
Vs
1. S.Sivakumar
Vocational Teacher,
The Higher Secondary School For Boys,
Srirangam, Trichy - 6.
2. The Secretary And Correspondent
The Higher Secondary School For Boys,
Srirangam, Trichy - 6.
3. A. Charles Prabakar
Vocational Instructor,
Sacred Heart Girls Higher Secondary School,
Ponmalaipatti, Trichy.
..Respondent(s)
WA No. 1083 of 2020
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 05.08.2019 made in WP No.7712 of 2007 and allow this writ
appeal.
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WA No. 1083 of 2020
WA No. 992 of 2021
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 05.08.2019 made in WP No.7724 of 2007 and allow the Writ
Appeal.
WA No. 1083 of 2020
For Appellant(s): Mr.A.R.Suresh,
Special Government Pleader
For Respondent(s): No Appearance
WA No. 992 of 2021
For Appellant(s): Mr.A.R.Suresh,
Special Government Pleader
For Respondent(s): Mr.R.Saravanakumar for R1
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
State preferred the present Intra Court Appeals under Clause 15 of
Letters Patent challenging the writ orders dated 05.08.2019, passed in WP
Nos. 7712 and 7724 of 2007.
2.The first respondents in both writ appeals filed writ petitions seeking
regularisation of their service in the post of Vocational Instructors in
accordance with G.O. No.35 dated 09.02.2007 and based on their seniority.
The claim of the respondents is that they were appointed as Vocational
Instructors in the second respondent school herein which is an aided school
and working for a considerable length of service. The post of Vocational
Instructor in a school is indispensable and therefore, the services of the
respondents ought to have been regularised in the sanctioned post.
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WA No. 1083 of 2020
3.The Writ Court mainly proceeded on the ground that the respondents
were appointed against the sanctioned post by the aided schools. However,
the Government filed a counter affidavit in the writ petitions clearly stating that
the post of Teacher for vocational group has not been sanctioned by the
Government. Even in respect of the sixth respondent school therein, no such
sanction order has been issued by the competent educational authority.
Therefore, the appointment of the respondents as Vocational Instructors
against a non sanctioned post cannot be regularised. The Vocational
Instructors who were appointed against the sanctioned post alone was
considered for grant of regularisation. Since in the present case, the
respondents were appointed by the private management, where there is no
sanctioned post of Vocational Instructor, the authorities could not able to
consider the case of the respondents for regularisation/approval of
appointment.
4.The learned Special Government Pleader appearing on behalf of the
appellant would submit that the Government had already abolished all the
posts of Vocational Instructors across the State of Tamil Nadu vide G.O. Ms.
No.9, dated 06.01.2009.
5.The issue regarding appointment of Vocational Instructors against a
non sanctioned post is no more res integra as the Hon’ble Supreme Court in
SLP (C) Nos.6162 – 6163 of 2022 dated 15.12.2025 in the case of the
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WA No. 1083 of 2020
State of Tamil Nadu & Ors. Vs. M.Theivanayagi had settled the issue and
the relevant portions are extracted hereunder:
“2.The short question for consideration is as
to whether a part-time Vocational Instructors ap-
pointed by the Parent Teachers Association can
seek an order of regularization by placing reliance
upon a Government order passed in G.O. Ms
No.35. School Education (VE) Department, dated
09.02.2007, which was meant to grant a one-time
concession.
5.Law has been quite settled on the issues
raised. Grant-inaid itself is not a vested right. If an
institution seeks a grant- in-aid, it necessarily has to
abide by the conditions imposed by the
Government. The facts governing the present case
are much worse. The appointment was made as a
part-time vocational teacher by the Parent-
Teachers Association. Therefore, such an
appointment was not even made by the institution
itself. Even assuming that such an appointment
could be made, it could only be with prior approval
of the Government. Regularization, by its very
nature, is a concession extended by the appellants,
and no right can be claimed on basis of such
concession. On a perusal of the Government Order
referred supra, it is clear that it was meant as a
one-time measure.
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WA No. 1083 of 2020
6.In view of the above legal position, the Writ Orders impugned dated
05.08.2019 passed in WP Nos.7712 & 7724 of 2007 are set aside and the
Writ Appeals are allowed. No costs. Consequently, connected miscellaneous
petitions are closed.
(S.M.S.,J.) (K.G.R.,J.)
31-08-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SLI
To
1.The Correspondent
Ilayangudi Higher Secondary School,
Ilayangudi, Sivaganga District.
2.The Secretary And Correspondent
The Higher Secondary School For Boys,
Srirangam, Trichy - 6.
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WA No. 1083 of 2020
S.M.SUBRAMANIAM J.
AND
KRISHNASWAMY GOVINDARAJAN J.
SLI
WA Nos. 1083 of 2020 & 992 of 2021
AND
CMP Nos. 6184 of 2021 & 13246 of 2020
31-08-2026
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