Facts
The school management sought a direction to sanction a pre-vocational instructor post in Tailoring at TNDTA Middle School, Mullakkadu, from 11 March 2008, and initially also sought approval of Tmt. P. Sudha’s appointment.
Source reference: p. 2, para. 2At the hearing, the management did not pursue the approval prayer and pressed only its request for a new post.
Source reference: p. 2, para. 2; p. 5, para. 7The previous incumbent, Tmt. Indira Eben, had retired, and a Division Bench had earlier held that the post she occupied had been extinguished and that no sanctioned post existed for Sudha’s appointment; the review petition was also dismissed.
Source reference: pp. 3–5, paras. 3–4, 6The Department relied on G.O. (1D) No. 80 dated 4 March 2026, which stated that no new posts would be sanctioned and that such pre-vocational posts would be treated as vanishing posts.
Source reference: p. 5, para. 7Issues
Whether the school management was entitled to a direction requiring the Department to sanction a new pre-vocational instructor post in Tailoring
Source reference: pp. 5–6, paras. 7–8Whether the school management could obtain approval of Sudha’s appointment in this petition, given that it did not press that part of its prayer at the hearing
Source reference: p. 2, para. 2Law Applied
The Division Bench’s decision in W.A.(MD) No. 1284 of 2014 established, in the context of the earlier appointment dispute, that salary approval for an aided-school teacher requires a sanctioned post and that the post held by the previous incumbent had been extinguished on her retirement.
Source reference: pp. 3–4, para. 3The Court also noted the Department’s reliance on Section 14-A of the Tamil Nadu Private Schools Regulation Act, but did not separately analyse that provision.
Source reference: p. 5, para. 4The Department’s policy, as stated in G.O. (1D) No. 80 dated 4 March 2026, was that no new pre-vocational posts would be sanctioned and that such posts would stand abolished upon the incumbent’s retirement.
Source reference: p. 5, para. 7Reasoning
The Court treated the earlier Division Bench finding—that the predecessor’s post had lapsed and no post remained for Sudha’s appointment—as settled background.
Source reference: p. 5, para. 6The management’s remaining request was for a new post, but the Department’s stated policy was not to sanction such posts.
Source reference: p. 5, para. 7In the absence of a vested right to grant-in-aid, the Court declined to direct the Department to create or sanction a post.
Source reference: p. 6, para. 8The approval issue was not adjudicated because the management expressly chose not to pursue it.
Source reference: p. 2, para. 2Holding
The Court dismissed the writ petition, declining to direct sanction of a new pre-vocational instructor post.
It granted the school management liberty to challenge G.O. (1D) No. 80 dated 4 March 2026 in accordance with law.
Source reference: p. 6, para. 8No costs were ordered.
Source reference: p. 6, para. 8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Tamil Nadu Recognised Private Schools (Regulation) Act, 19731
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THE MANAGERvsTHE STATE OF TAMIL NADU
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