C M S EVANGELICAL SCHOOLS OF ALWANERY MARUTHAKULAM AND KODANKULAM PASTORATES Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is directed against the order of the first respondent in G.O.Ms.No.39, School Education Department, dated 21.03.2003, insofar as it relates to clause 7 of the Government Order and the consequential order of the third respondent, District Elementary Educational Officer, Tirunelveli and for a direction against the respondents to approve the appointment of one A.Jay Jebamalar as Craft Instructor in Tailoring in the petitioner institution with effect from the date of her appointment with all benefits.

(2.) The petitioner management is running C.M.S.Middle School with standards 1 to 8 and it was sanctioned with one Vocational Instructor in Weaving post. The incumbent Weaving teacher Padmini reached superannuation on 31.01.2004 and in that post, the petitioner management has taken steps to appoint a teacher in Weaving. Since no qualified persons were available and the students are not interested in opting for weaving subject and since the concept has been mechanized, at the request of the parents the petitioner management decided to appoint a tailoring Instructor in the said vacancy and accordingly, A.Jay Jebamalar was appointed as a Tailoring Instructor in the petitioner management school on 02.02.2004 and the papers were forwarded for approval of her appointment. The third respondent in the impugned order dated 08.05.2004 by referring to the impugned Government Order in G.O.Ms.No.39, School Education Department, dated 21.03.2003 has rejected the proposal for conversion of the Weaving teacher post as that of the Tailoring teacher. In these circumstances, the said Government Order as well as the consequential order of the third respondent is challenged. Under the impugned order, while it is stated that a change of subject approval can be effected in respect of vacancies which are arose upto 11.07.2002, the change was permitted only between Music and Tailoring and in respect of other subjects the same was denied. While the Tailoring as well as the Music are vocational subjects, there is no justification in refusing to change the subject from among the vocational subjects of Tailoring and Weaving and therefore, the writ petition is filed challenging the said Clause 7 on the basis that the same is arbitrary; that the same takes away the right of the management which is a minority institution in not permitting to fill up the vacancies within the sanctioned strength of Craft teacher and the same is challenged on the ground of violation of Article 14 of the Constitution of India and that the Government Order is opposed to the provisions of Tamil Nadu Recognised Private Schools (Regulation) Act, apart from taking away the fundamental right of minority to administer the educational institution as conferred under Article 30 of the Constitution of India; that when among the vocational training of music and sewing, there can be a change, the same cannot be denied in respect of the other vocational courses like that of weaving.

(3.) In the counter affidavit filed by the respondents, it is stated that the petitioner is a minority aided school and the salaries of teachers are fully paid by the government and therefore, the petitioner is bound to make appointment only as per the rules, orders and instructions of the Government issued from time to time and that has been stipulated under Rule 6(1) of the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules 1977 and the payment of teaching grant can only be in respect of qualified admissible teachers. It is stated that on a review on 16.12.1992, it was decided to ban the appointment of all kinds of Craft Teachers in future. However, on consideration of plea from various sections to fill up Craft teacher posts and as per the request of the Director of School Education, Chennai, the Government in G.O.Ms.No.132, School Education, dated 27.04.1998 has permitted to fill up Craft teachers posts in Tailoring and Music only in the Government Schools and fixed minimum of 250 girls strength in the school to fill up the said Craft teacher posts. In respect of aided school, the Government passed G.O.Ms.No.689, Education, Science and Technology Department, dated 31.08.1995 based on which the Craft teacher posts are filled up. It is stated that the Committee constituted in respect of to study about the Craft teacher post has recommended the extension of ban for filling up of the Craft teacher post except that of Tailoring and Music in all schools. Hence, the Government in G.O.Ms.No.104, School Education Department, dated 12.07.2002 clarified to the effect that only Tailoring and Music Craft teachers posts should be filled up and the norms fixed in G.O.Ms.No.132, School Education Department. dated 27.04.1998 in respect of craft teachers post is to be applicable to aided schools with effect from 12.07.2002 and the vacancies of craft teacher posts, other than Tailoring and Music shall not be filled up from 12.07.2002 and certain clarifications in respect of G.O.Ms.No.104, School Education Department, dated 12.07.2002 came to be clarified in the impugned G.O.Ms.No.39, School Education Department, dated 21.03.2003. That from 12.07.2002 vacancy of Tailoring and Music craft teachers posts only shall be filled up and the vacancies of other craft teachers should not be filled up and also the other craft teachers posts shall not be converted to that of Tailoring and Music and the other principles remain unchanged. It is stated that the petitioner was aware of the entire facts and inspite of which in the vacancy of Craft Teacher(Weaving) caused by the retirement of Thirumathi.Padmini, who retired on 31.11.2004 due to superannuation, the petitioner has sought for conversion of craft teacher(weaving) to that of craft teacher(Tailoring) which is banned and therefore, the appointment of Mrs.A.Joy Jebamalar as Craft Teacher(Tailoring) in the petitioner institution from 02.02.2004 is in violation of the Government Orders and the appointment is irregular.