✦ High Court of India · 09 Jun 2025

High Court · 2025

Case Details High Court of India · 09 Jun 2025
Court
High Court of India
Decided
09 Jun 2025
Bench
Not available
Length
5,342 words

W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20203.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tenkasi Educational District, Tenkasi, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.J.Merlin Synthiya... 1st Respondent/Writ Petitioner2.The Correspondent, Barenbuck Higher Secondary School, Bangalow Surandai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.12580 of 2018 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar4.W.A(MD)No.693 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.4/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20202.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tenkasi Educational District, Tenkasi, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.D.Peter Sahayam... 1st Respondent/Writ Petitioner2.The Correspondent, Barenbuck Higher Secondary School, Bangalow Surandai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.12581 of 2018 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar5/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20205.W.A(MD)No.707 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.D.Gnanamuthu Selwin... 1st Respondent/Writ Petitioner2.The Correspondent, Schaffter Higher Secondary School, Tirunelveli, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.13115 of 2018 on the file of this Court.6/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar6.W.A(MD)No.715 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.R.Raja Kumari... 1st Respondent/Writ Petitioner2.The Correspondent, Schaffter Higher Secondary School, Tirunelveli, Tirunelveli District.... 2nd Respondent/5th Respondent7/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.13116 of 2018 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar7.W.A(MD)No.716 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.V.Bharavi Pandian... 1st Respondent/Writ Petitioner8/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20202.The Correspondent, Schaffter Higher Secondary School, Tirunelveli, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.13117 of 2018 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar8.W.A(MD)No.751 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 49/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020vs.1.K.Suganthy... 1st Respondent/Writ Petitioner2.The Correspondent, Mary Sargent Girls Higher Secondary School, Palayamkottai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 31.01.2019 made in W.P(MD)No.19415 of 2018 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.Chellapandian9.W.A(MD)No.752 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.10/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20204.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.R.Mahendran... 1st Respondent/Writ Petitioner2.The Correspondent, St.Peter's Higher Secondary School, Ukkirankottai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 31.01.2019 made in W.P(MD)No.15299 of 2018 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.R.J.Karthick10.W.A(MD)No.873 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.11/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20203.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.A.Joseph... 1st Respondent/Writ Petitioner2.The Correspondent, John's Higher Secondary School, Palayamkottai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.150 of 2019 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar11.W.A(MD)No.874 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.12/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20202.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.C.Sam Pradeep... 1st Respondent/Writ Petitioner2.The Correspondent, John's Higher Secondary School, Palayamkottai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.151 of 2019 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar13/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 202012.W.A(MD)No.875 of 2019:-1.The Secretary to Government, Department of School Education, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.... Appellants/Respondents 1 to 4vs.1.G.Joseph Gnanakan... 1st Respondent/Writ Petitioner2.The Correspondent, John's Higher Secondary School, Palayamkottai, Tirunelveli District.... 2nd Respondent/5th RespondentPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.01.2019 made in W.P(MD)No.152 of 2019 on the file of this Court.14/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Mr.S.ChellapandianFor R – 2: Mr.S.Kumar13.W.A(MD)No.952 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director of School Education (Vocational), College Road, Chennai – 600 006.4.The Chief Educational Officer, Nagercoil, Kanyakumari District.5.The District Educational Officer, Thuckalay, Kanyakumari District.... Appellants/Respondents vs.The Correspondent,Christucoil L.M.S Higher Secondary School,Palliyadi,Kanyakumari District – 629 169.... Respondent/Writ Petitioner15/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 07.03.2019 made in W.P(MD)No.16387 of 2015 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers14.W.A(MD)No.953 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director of School Education (Vocational), College Road, Chennai – 600 006.4.The Chief Educational Officer, Nagercoil, Kanyakumari District.5.The District Educational Officer, Kumbakonam, Thanjavur District.... Appellants/Respondents 16/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020vs.The Correspondent,Little Flower Higher Secondary School,Kumbakonam – 612 001,Thanjavur District.... Respondent/Writ PetitionerPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.03.2019 made in W.P(MD)No.16392 of 2017 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers15.W.A(MD)No.954 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director of School Education (Vocational), College Road, Chennai – 600 006.17/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20204.The Chief Educational Officer, Nagercoil, Kanyakumari District.5.The District Educational Officer, Kumbakonam, Thanjavur District.... Appellants/Respondents vs.The Correspondent,Little Flower Higher Secondary School,Kumbakonam – 612 001,Thanjavur District.... Respondent/Writ PetitionerPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.03.2019 made in W.P(MD)No.16393 of 2017 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers16.W.A(MD)No.955 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.18/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20202.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director of School Education (Vocational), College Road, Chennai – 600 006.4.The Chief Educational Officer, Nagercoil, Kanyakumari District.5.The District Educational Officer, Thuckalay, Kanyakumari District.... Appellants/Respondents vs.The Manager/Correspondent,V.K.P. Higher Secondary School,Colachel,Kanyakumari District.... Respondent/Writ PetitionerPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 07.03.2019 made in W.P(MD)No.16386 of 2015 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers19/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 202017.W.A(MD)No.959 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director (Vocational), College Road, Chennai – 600 006.4.The Chief Educational Officer, Nagercoil, Kanyakumari District.5.The District Educational Officer, Thiruvilliputhur, Virudhunagar District.... Appellants/Respondents vs.The Correspondent,C.M.S Higher Secondary School,Srivilliputhur – 626 125,Virudhunagar District.... Respondent/Writ PetitionerPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.04.2019 made in W.P(MD)No.7656 of 2017 on the file of this Court.20/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers18.W.A(MD)No.960 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director (Vocational), College Road, Chennai – 600 006.4.The Chief Educational Officer, Virudhunagar, Virudhunagar District.5.The District Educational Officer, Thiruvilliputhur, Virudhunagar District.... Appellants/Respondents vs.The Correspondent,C.M.S Higher Secondary School,Srivilliputhur – 626 125,Virudhunagar District.... Respondent/Writ Petitioner21/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.04.2019 made in W.P(MD)No.7657 of 2017 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers19.W.A(MD)No.1054 of 2019:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Chief Educational Officer, Nagercoil, Kanyakumari District.5.The District Educational Officer, Kanyakumari, Kanyakumari District.... Appellants/Respondents vs.22/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020The Correspondent,St. Joseph's Malankara Syrian Catholic Higher Secondary School,Chellamkonam,Kappiyarai Post,Kanyakumari District – 625 156.... Respondent/Writ PetitionerPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.04.2019 made in W.P(MD)No.7480 of 2015 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers20.W.A(MD)No.1111 of 2019:-1.The Government of Tamil Nadu, Represented by its Secretary, School Education Department, Fort St. George, Chennai – 09.2.The Director of School Education, College Road, Chennai – 06.3.The Chief Educational Officer, Nagercoil, Kanyakumari District.23/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20204.The District Educational Officer, Nagercoil, Kanyakumari District.... Appellants/Respondents 1 to 4vs.1.E.Jeyanthi (died)... 1st Respondent/Writ Petitioner2.The Correspondent, Ringle Taube Higher Secondary school, Mylaudy, Nagercoil, Kanyakumari District – 629 403.3.The Corporate Manager, C.S.I Schools, Kanyakumari Diocese, 71-A, Dennis Street, Kanyakumari District – 629 001.... Respondents 2 & 3/Respondents 5 & 64.T.William Solomon5.Egbert Andrew Solomon6.Edward Allan Solomon... Respondents 4 to 6 (Respondents 4 to 6/Lrs of the deceased first respondent are impleaded vide order dated 13.11.2024 made in C.M.P(MD)No.16304 of 2024)PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 02.04.2019 made in W.P(MD)No.5864 of 2015 on the file of this Court.24/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020For Appellants: Mr.J.Ashok Additional Government PleaderFor R – 1: Died (steps taken)For R – 2: No appearanceFor R – 3: Mr.F.DeepakFor RR 4 to 6: Mr.K.Guhan21.W.A(MD)No.266 of 2020:-1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.2.The Director of School Education, College Road, Chennai – 600 006.3.The Joint Director of School Education (Vocational), College Road, Chennai – 600 006.4.The Chief Educational Officer, Tirunelveli, Tirunelveli District.5.The District Educational Officer, Tirunelveli, Tirunelveli District.... Appellants/Respondents vs.25/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020The Correspondent,St. Zavier's Higher Secondary School,Palayamkottai – 627 002,Tirunelveli District.... Respondent/Writ PetitionerPRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.04.2019 made in W.P(MD)No.7659 of 2017 on the file of this Court.For Appellants: Mr.J.Ashok Additional Government PleaderFor Respondent: Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar for M/s.Isaac ChambersCOMMON JUDGMENT(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) All the present intra-court appeals are relating to the appointment of Vocational Instructors and they have been instituted challenging the writ orders. The issues raised are common. Therefore, all the appeals are taken up together for hearing and a common order is being passed.26/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20202.The dispute concerns the appointment of Vocational Instructors, more specifically, after the Government took a decision to abolish the post of Vocational Instructors.3.The learned Additional Government Pleader appearing for the appellants/State would mainly contend that the post of Vocational Instructor was abolished pursuant to the recommendations of a High Level Committee constituted by the Government for revamping of Vocational Education Higher Secondary Schools in the Sate of Tamil Nadu. The recommendations of the High Level Committee were accepted by the Government and G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 was issued. Accordingly, no new Vocational courses should be started from the academic year 2007-2008 and no new Vocational Instructor should be appointed either by the School Management or Parents Teachers Association. Henceforth, a new Vocational course can be opened only with the permission of the Government.4.Relying on the above policy decision of the Government, the learned Additional Government Pleader would submit that some Schools have appointed Vocational Instructors after the issuance of G.O.Ms.No.9, School 27/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020Education (VE) Department, dated 06.01.2009 and those appointments cannot be approved by the competent authorities of the Education Department. Even in respect of other Vocational Instructors already in service, such benefits cannot be granted since the Government took a policy decision.5.The Division Bench of this Court considered the case of Vocational Instructors in W.A(MD)No.1494 of 2017 [The Secretary, the State of Tamil Nadu, Department of School Education and others Vs. The Secretary/Correspondent, Setupatti Higher Secondary School] and a direction was issued to approve the appointment of these Vocational Instructors vide Judgment dated 01.03.2018. Aggrieved by the said order, the State preferred a Special Leave Petition and leave was granted. The Apex Court passed final orders in Civil Appeal No.12310 of 2024, dated 12th November, 2024. Paragraphs 4 and 5 of the order read as under:“4.We are of the view that the judgment cannot be sustained in the eye of law, as admittedly, the institutions are receiving aid. Thus, they are bound by the Government orders which require prior approval. The permission for the earlier incumbent vocational instructor was granted as a one off case by taking a sympathetic view so as to facilitate the earlier incumbents to complete their tenure, 28/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020notwithstanding, the fact that the said posts have not been sanctioned. Unfortunately, the present incumbents also have been appointed by a backdoor entry and they are at the verge of completion of tenure. Thus, considering the factual scenario, though we are inclined to set aside the impugned judgment, on the principle of law, we are not inclined to disturb the appointments made.5. Accordingly, as a principle of law, the judgment rendered by the High Court cannot be relied upon in future as a precedent. On the facts and circumstances of the case, the appointments made in favour of the private respondent shall continue and, therefore, they are entitled to continue with aid. It is made clear that the arrears will have to be paid within a period of twelve weeks from today. We further make it clear that if the same orders are continued by all the institutions, then the Court shall take into consideration the consequence to be met by those institutions as against making the government to pay, as it is at their instance, the entire scenario has emerged.”6.Relying on the orders of the Hon'ble Supreme Court, the learned Additional Government Pleader would submit that hereinafter no relief needs to be granted in respect of Vocational Instructors by the High Court. Therefore, all these Writ Appeals are to be allowed.29/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20207.Mr.Isaac Mohanlal, learned Senior Counsel appearing on behalf of some of the School/Vocational Instructors would oppose by stating that there is no complete prohibition for appointment of Vocational Instructors. Even in G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 clause (v) indicates that “the existing Vocational courses should change into unilocal courses over a period of five years giving more time to vocational subjects and for practicals. Practicals should be conducted either in the industries or in the ITIs or in the approved community Colleges Language syllabus should be reduced and converted into a soft skills curriculum”.8.Despite the fact that the Government took a policy decision in G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 subsequently, after a lapse of about nine years, the Government issued G.O.Ms.No.142, School Education (SE7-1) Department, dated 13.07.2018. Clause (vii) in G.O.Ms.No.142, School Education Department, dated 13.07.2018 reiterates that “the vocational stream at XI & XII level shall continue to exist in the same manner without any disturbance/change. It will be further enriched to make students employable.”30/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20209.Relying on the said Government Order, the learned Senior Counsel would submit that the course was revived even after its abolition and therefore, the appointment of Vocational Teachers should be approved by the competent authorities.10.Mr.S.Chellapandian, learned counsel appearing for the Vocational Instructors would solicit the attention of this Court to the Division Bench Judgment of this Court in W.A.No.3057 of 2024, dated 09.05.2025 [The Secretary to Government, the Government of Tamil Nadu and others Vs. G.Aravind Raj and another]. However, the issue raised in the said Writ Appeal is not directly connected with the present Writ Appeals which concern the approval of appointment of Vocational Instructors made by the Private aided Schools. It is further contended that since the Vocational courses continue to exist, the teachers appointed after 2009 are also entitled to approval of their appointments. Thus, the learned Single Judge has rightly considered the issues and the Writ Appeals are to be rejected.11.This Court has considered the rival submissions made between the parties to the lis on hand.31/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 202012.It is not in dispute that a High Level Committee was constituted by the Government to look into the functioning of Vocational courses in Secondary Education Schools across the State of Tamil Nadu. The High Level Committee submitted a report which was accepted by the Government and G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 was issued. In the said G.O, the Government took a policy decision that no new Vocational courses should be started from the academic year 2007-2008 and no new Vocational Instructors should be appointed either by the School Management or Parents Teachers Association. Henceforth a new Vocational course can be opened only with the permission of the Government. Therefore, the said policy remains intact. Pertinently, the said G.O has not been withdrawn or cancelled by the Government, nor any reference has been made by the Government in G.O.Ms.142, School Education (SE7-1) Department, dated 13.07.2018. 13.A perusal of G.O.Ms.142, School Education (SE7-1) Department, dated 13.07.2018 reveals that the Government introduced Vocational Education at the Secondary level in 67 Schools as a pilot project from the year 2018-2019. Therefore, a pilot project has been introduced in 67 Schools exclusively from the 32/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020academic year 2018-2019 in G.O.Ms.142, School Education (SE7-1) Department, dated 13.07.2018. This is not directly connected with G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 nor G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 has been cancelled or withdrawn by the Government. Admittedly, G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 remains unchallenged and in force. Thus, the Schools cannot start new Vocational courses nor they can make new appointment to the non-existing post of Vocational Instructors. If at all any School is willing to start a Vocational course, it must be done with the permission of the Government. Therefore, there is no total prohibition of Vocational Course in the State of Tamil Nadu. Course can be started only with the permission of the Government and if such permission is granted by the competent authorities of the Education Department, then alone qualified teachers can be appointed. 14.Therefore, the contention of the respondents that G.O.Ms.142, School Education (SE7-1) Department, dated 13.07.2018 is to be taken into consideration deserves no merit consideration. G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 stands independently and the Government 33/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020also reiterates that no new Vocational Courses should be be started from the academic year 2007-2008 and no new Vocational Instructors should be appointed either by the School Management or Parents Teachers Association. However, new Vocational courses can be opened only with the permission of the Government.15.This Court is of the considered view that any change in the policy decision by the Government regarding Vocational courses should not affect the service conditions of the existing Vocational Teachers, who were appointed prior to the issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009. Service conditions cannot be altered to the disadvantage of employees who are all already in service. This being the basic principles of service jurisprudence, the Government policy in G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 will have a prospective effect and cannot be implemented retrospectively so as to affect the services of existing Vocational Instructors. Therefore, the services of the Vocational Instructors appointed prior to the issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 and whose appointments have been approved by the Department are protected. They are entitled to all the benefits as per the Service Rules. Regarding 34/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020pending proposals for approval of appointments, date of appointment, post sanctioned, eligibility and other criteria as per Rules are to be taken into consideration.16.Asfar as the Vocational Teachers appointed after G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009, their services are not protected. In fact, these Vocational Teachers were appointed in the vacancies that arose on account of the retirement, death or resignation of the Vocational Instructors, who were in service. Thus, their appointments cannot be protected since the post of Vocational Instructors came to be abolished from the date on which G.O.Ms.No.9 was issued ie., on 06.01.2009. If any such appointments were made, it must be with the prior permission of the Government. If such permission was granted by the Education Department, then those cases can be protected. However, all other appointments made to the post of Vocational Instructors after issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009, are not protected and the Government is not obligated to approve these appointments and grant aid.35/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 202017.In respect of individual cases falling within the ambit of the principles considered by this Court in the aforementioned paragraphs, those individuals if they are otherwise eligible and falling within the eligible category, then they are at liberty to approach the authorities. In all other cases where appointments are made to the Vocational Instructors post after issuance of G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009, approval of appointments cannot be claimed as a matter of right. 18.It is made clear that if those Vocational Instructors appointed prior to G.O.Ms.No.9, School Education (VE) Department, dated 06.01.2009 are qualified, appointed in the sanctioned post and eligible as per Rules, their proposals are to be considered in accordance with Act and Rules.19.In fine, the writ orders impugned are set aside and the Writ Appeals stand allowed. There shall be no as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [A.D.M.C.,J.] 09.06.2025NCC: Yes / NoIndex: Yes / NoInternet: Yes36/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020To1.The Department of School Education, Represented by the Secretary to Government, St. George Fort, Chennai.2.The Director of School Education, School Education Department, DPI Compound, Chennai.3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.4.The District Educational Officer, Tirunelveli Educational District, Tirunelveli.5.The District Educational Officer, Tenkasi Educational District, Tenkasi, Tirunelveli.6.The Secretary, Represented by the State of Tamil Nadu, Department of School Education, Fort St. George, Chennai – 600 009.37/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 20207.The Director of School Education, College Road, Chennai – 600 006.8.The Joint Director of School Education (Vocational), College Road, Chennai – 600 006.9.The Chief Educational Office, Nagercoil, Kanyakumari District.10.The District Educational Officer, Thuckalay, Kanyakumari District.11.The District Educational Officer, Kumbakonam, Thanjavur District. Chennai – 600 006.12.The Chief Educational Officer, Nagercoil, Kanyakumari District.13.The District Educational Officer, Thiruvilliputhur, Virudhunagar District.38/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 202014.The Chief Educational Officer, Nagercoil, Kanyakumari District.15.The District Educational Officer, Nagercoil, Kanyakumari District.39/40 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.532, 533, 692, 693, 707, 715, 716, 751, 752, 873,874, 875, 952, 953, 954, 955, 959, 960, 1054, & 1111 of 2019 and 266 of 2020S.M.SUBRAMANIAM , J. andDR.A.D.MARIA CLETE , J. psORDER MADE INW.A(MD)Nos.532, 533, 692, 693, 707,715, 716, 751, 752, 873, 874, 875,952, 953, 954, 955, 959, 960,1054, & 1111 of 2019 and 266 of 2020DATED : 09.06.202540/40

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