Madras HC Gives Aided School 2 Weeks to Resubmit Secondary-Grade Teacher’s Appointment Proposal; CEO Must Decide Within 8 Weeks of Receipt

The petitioner sought a writ of mandamus directing approval of her appointment as a Secondary Grade Teacher at the seventh respondent’s aided school from 13 June 2022, with attendant monetary benefits.

The State opposed the request, contending that the appointment contravened the communal roster because the post was reserved for SC/ST candidates; it relied on Rule 15(a)(a)(ii) of the Tamil Nadu Private Schools Regulation Rules, 1974, concerning carry-forward and lapse of reserved vacancies.

The petitioner stated that the proposal had been returned for clarification, and the school undertook to submit a fresh proposal addressing the objections.

1. Whether the petitioner was entitled to a direct direction approving her appointment from 13 June 2022 with attendant monetary benefits.

2. Whether the school should resubmit the appointment proposal and the competent authority consider it on its merits and in accordance with law.

The petition was brought under Article 226 of the Constitution of India, which empowers the High Court to issue writs, including mandamus.

The State relied on Rule 15(a)(a)(ii) of the Tamil Nadu Private Schools Regulation Rules, 1974, contending that a reserved vacancy must be carried forward and may lapse before being filled by a candidate from another category.

The Court did not determine the application of that rule to the petitioner’s appointment; it directed that the proposal be considered on its merits and in accordance with law.

Given the State’s objection concerning the communal roster and the school’s undertaking to submit a fresh proposal after addressing the clarification sought, the Court confined the relief to the proposal’s reconsideration.

It did not decide whether the appointment complied with the roster or whether the petitioner was substantively entitled to approval and monetary benefits.

It directed the seventh respondent school to resubmit its proposal within two weeks of receiving the order, and the competent authority to consider the proposal on its merits and in accordance with law and pass appropriate orders within eight weeks of receipt.

No costs were ordered.