Madras High Court
WA/2576/2026 of G.Muthukumar Vs The Director of School Education on 27 August 2026
WA No. 2576 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WA No. 2576 of 2026
G.Muthukumar
S/o P.Ganesan,
Junior Assistant,
S.N.R.Ramasamy Raja Hr.Sec. School,
Sri Gomthipuram, Sankarakovil,
Tenkasi District.
..Appellant(s)
Vs
1. The Director of School Education
DPI Compound, College Road,
Chennai – 6.
2. The Chief Educational Officer
Tenkasi District.
3. The District Educational Officer (Secondary)
Tenkasi District.
4. The Secretary S.N.R. Ramasamy Raja Hr.Sec.
School,
Tenkasi District.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to allow the writ appeal, set aside the against the order dated 01.07.2024 passed in WP
No.12836 of 2024, on the file of this Honourable Court, and grant the relief as prayed for in the Writ Petition.
For Appellant(s):
Mr.T.DHARANI
For Respondent(s):
MR.AR.SURESH,
SGP FOR R1 TO R3.
WA No. 2576 of 2026
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JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.) The present Intra Court appeal under Clause 15 of the Letters Patent has been instituted challenging the writ order dated 01.07.2024, passed in WP No.12836 of 2024.
2. Writ petitioner is the appellant before this Court. The appellant was appointed as Junior Assistant on 14.10.2022 in S.N.R.Ramasamy Raja Hr.Sec. School in the existing vacancy caused by the retirement of one Kalairajan on 30.06.2022. The school is a Government aided school. The management sent a proposal for approval of appointment of the appellant. The said approval was rejected on the ground that a writ petition was pending before the High Court. However, the Division Bench of this Court passed a common order in a batch of writ appeals in WA (MD) No.816 of 2023 etc., dated 23.06.2026, wherein the validity of the Government Order issued in GO Ms. No.238, dated 13.11.2018 is confirmed.
3. Paragraph Nos.35, 36 & 37 of the order of the Division Bench reads as under:
35. We are of the view that, in order to give quietus to the issue, any appointment already made, in respect of which proposals for approval are pending either before or after the issuance of G.O.Ms. No. 238, dated 13.11.2018, shall be
WA No. 2576 of 2026
considered on its own merits. It is, however, made clear that, if any such appointment is approved, the post shall be treated as co-terminus with the incumbent so appointed, and the institutions shall have no right whatsoever to fill up the said post after it falls vacant.
36. It is further clarified that, even in cases where an earlier appointment is approved pursuant to the directions of this Court, or where an appointment made subsequent to the issuance of G.O.Ms. No. 238, dated 13.11.2018, is approved by the Government, such approval shall also be co- terminus with the tenure of the incumbent concerned. Upon the post falling vacant thereafter, no fresh appointment shall be made to that post. Any future appointments shall be made strictly in accordance with the staff strength fixed by the Government under G.O.Ms.No.238, dated 13.11.2018.
37. Accordingly, all the Writ Appeals and the Writ Petitions are disposed of. There shall be no order as to costs. Consequently connected miscellaneous petitions are closed.
4. With reference to the orders of the Court, the learned counsel for the appellant would submit that the post of Junior Assistant is sanctioned even in the current academic year. The appellant alone is working in the post of Junior Assistant. A fresh proposal has already been sent to the competent
WA No. 2576 of 2026
authority for consideration on 25.08.2026. Thus, it is suffice, if a direction is issued to the competent educational authorities to dispose of the proposal.
5. The learned Government Pleader would raise an objection that surplus Junior Assistants are working in other schools and they are to be posted in the sanctioned vacancy and only thereafter, the case of new appointments are to be considered.
6. In the event of surplus employees available, they must be given preference as per the Government Order and only after accommodating the surplus employees, fresh appointments are to be made as per the policy of the Government. However, all these aspects may be considered by the competent authority while taking a final decision on the proposal submitted by the school. In view of the facts and circumstances, the competent authority shall consider the proposal submitted by the school / fourth respondent on 25.08.2026 and pass final orders on merits and in accordance with law as expeditiously as possible.
7. With these observations, the writ appeal stands disposed of. No costs. (S.M.S.,J.) (C.K.,J.) 27-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI
WA No. 2576 of 2026
To
1. The Director of School Education DPI Compound, College Road, Chennai – 6.
2. The Chief Educational Officer Tenkasi District.
3. The District Educational Officer (Secondary) Tenkasi District.
4. The Secretary S.N.R. Ramasamy Raja Hr.Sec. School, Sri Gomthipuram, Sankarakovil, Tenkasi District.
WA No. 2576 of 2026
S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J. SLI WA No. 2576 of 2026 27-08-2026