If a teacher is appointed for a sanctioned post in an aided school, the Government cannot deny their approval because of a decline in enrolment: Madras High Court
The Madras High Court passed a judgement on 15th of February, 2023 stating that if a teacher is appointed for a sanctioned post in an aided school, the Government cannot deny their approval because of a decline in enrolment. This was seen in the case of State of Tamil Nadu v. The Correspondent, St. Joseph Boys Higher Secondary School (W.A.No.1155 of 2020 and C.M.P.No.14233 of 2020) and the case was presided over by Justice R Subramanian and Justice K Govindarajan Thilakavadi
FACTS OF THE CASE:
The District Educational Officer, had approval for two P.G. Assistants in Tamil, on request by the school, here the respondent. Later, the former refused to approve the appointment of one Mr. V. Aravindsamy due to the students’ strength. The School challenged the order stating that staff fixation for higher secondary sections cannot be done on the basis of students’ strength. It also contended that once a teacher is appointed for a sanctioned post in an aided school, the Government cannot deny their approval because of a decline in enrolment. The writ petition was resisted by the Government justifying the fixation of staff strength on the basis of the students’ strength.
JUDGEMENT:
The court after hearing the contentions of both parties, held that the arguments of the respondent were indeed accurate. It also voiced that if a teacher is appointed for a sanctioned post in an aided school, the Government cannot deny their approval because of a decline in enrolment.
The court held that it would direct the Government in the future to approve and sanction all financial benefits within twelve weeks from the date of receipt of a copy of the order.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA