W.P.(MD) No.22033 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 31.07.2025 Pronounced On :29.08.2025 CORAM: THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE W.P. (MD) No.22033 of 2017 and W.M.P.(MD)No.18331 of 2017 The Secretary, Perumal Thevar Memorial Primary School, Kakanallur, Ambasamudram Taluk, Tirunelveli District. ... Petitioner Vs. 1. The District Elementary Educational Officer, Tirunelveli District. 2.The Assistant Elementary Educational Officer, Ambasamudram, Tirunelveli District. ... Respondents PRAYER in W.P.: To issue a Writ of Certiorarified Mandamus or any other appropriate writ,or direction, to call for the impugned order passed by the 1st Respondent in Na.Ka.No. 3803/A3/2014, dated 26.12.2016 and the order passed by the 2nd Respondent in Aa.Thi.Mu.No.79/Al/2017, dated 30.03.2017 and to quash the same as illegal and direct the respondents to approve the appointment of Mrs.A.Selvavalli as Headmaster of the Petitioner School as on 02.08.2012 with all monetary benefits and pass 1/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 such or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. PRAYER in WMP: To stay all further proceedings of the impugned order passed by the 1st Respondent in Na.Ka.No. 3803/A3/2014, dated 26.12.2016 and the order passed by the 2nd Respondent in Aa.Thi.Mu.No.79/Al/2017, dated 30.03.2017, pending disposal of the writ petition and thus render justice. APPEARANCE OF PARTIES: For Petitioner : Mr. K.R.Laxman, Advocate For Respondents : Mr. T.Amjad Khan, Government Advocate J U D G M E N T Heard. 2. This matter represents the second round of litigation initiated by the primary school management, and if the litigation filed by the teacher, A. Selvavalli—who is effectively acting as a proxy for the management— are taken into account, it would constitute a third round. The private aided school has blatantly misused its official position by repeatedly litigating in 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 favor of a teacher closely connected to it, thereby wasting the valuable time of this Court. Such conduct must be appropriately dealt with. 3. The Petitioner management had earlier filed W.P. No. 20687 of 2016 before this Court, seeking a direction to consider their representation dated 29.10.2011 regarding the grant of permission to appoint a Headmistress for the Petitioner School. In that petition, they specifically sought prior approval for the appointment of A. Selvavalli as Headmistress. This Court, by order dated 26.10.2016, disposed of the said writ petition and held as follows:— “4.Under such circumstances, this Writ Petition is disposed of directing the 1st respondent to dispose of the representations of the petitioner dated 29.10.2011, 09.11.2015 and 15.07.2016 respectively, as per the direction issued by the Joint Director of Elementary Education, Chennai, dated 11.08.2016, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.” 4. In compliance with the directions of this Court, the 1st Respondent, DEEO, Tirunelveli, passed the impugned order in the writ petition. The operative portion of the said order expressly states as follows: 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 “3. murhiz epiy vz;.564 fy;tp ehs; 20.03.1978d;gb jkpo;ehL mq;fPfhpf;fg;gl;l jdpahh; gs;spfs; (xOq;FKiw) tpjpfs; 1974y; tpjp 15(6)y; cs;s gpw;Nrh;f;if (v)w;F toq;fg;gl;l jpUj;jk; gpufhuk; njhlf;fg;gs;sp jiyik Mrphpah; gzpf;F Fiwe;jgl;r fy;tpj; jFjpahf ,ilepiy Mrphpah; Njh;r;rp rhd;W my;yJ mjw;F rkkhd rhd;W ngw;wpUf;f Ntz;Lk;. jiyik Mrphpauhf epakpf;fg;gl;Ls;s jpUkjp. m.nry;tts;sp vd;ghh; ,ilepiy Mrphpah; rhd;W ngwtpy;iy. md;dhh; 6 khj fhy khz;bNrhhp fpz;lh; fhh;ld; (Montessori Kinder Garten) gapw;rp tFg;G Kbj;Js;sjhfTk; kJiu yl;Rkp tpj;ah rq;fk; toq;fpAs;s ,uz;L khj fhy Monstessori Method of Education for Nursury and Primary Course Practice and Theory Kbj;Js;sjhfTk; gs;sp nrayh; njhptpj;Js;shh;. Nkw;gb rhd;Wfs; ,ilepiy Mrphpah; rhd;wpw;F ,izahdit my;y. vdNt Nkw;gb tpjpfs; gpw;Nrh;f;if (v)y; Fwpg;gpl;Ls;s fy;tpj; jFjpfs; ngwhjjhYk; 5 tUl gzp mDgtk; ,d;wpAk; jpUkjp. m.nry;tts;sp vd;ghiu jiyik Mrphpauhf gs;sp eph;thfk; epakdk; nra;jikf;F xg;Gjy; toq;f ,ayhj epiyapy; cs;sjhy; jq;fsJ Nfhhpf;ifapid epuhfhpj;J ghh;it(1)y; fhZk; ePjpkd;w jPh;g;ghizapid epiwNtw;wp ,jd; %yk; Miz toq;fg;gLfpwJ.” 5. Despite the rejection of its request by the 1st Respondent, made in pursuance of this Court’s directions, the Petitioner School once again submitted a representation to a subordinate officer, namely the AEEO, seeking disposal of the request for approval of Selvavalli’s appointment. By letter dated 30.03.2017, that officer merely called for two copies of the representation for further action. Strangely, even this letter has been 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 treated by the Petitioner School as a second impugned order in the present writ petition, for reasons best known to petitioner school. 6. When the writ petition was listed on 04.12.2017, notice was accepted on behalf of the respondents. Subsequently, the 2nd Respondent filed a detailed counter affidavit dated 23.02.2018. Notably, in paragraph 24 of the affidavit, the background of the teacher, A. Selvavalli, was disclosed, which reads as follows:— “The primary school headmaster post fell vacant from 01.09.2007 Tmt. A.Selva Valli is a member of the school committee as representative of the educational agency and she obtained her BEd degree certificate on 12.10.2010 and her certificate in Montessori Training on 30.05.2010 and service certificates on 04.07.2012 and 18.07.2012. And after all the collections of all certificates by the end of 18.07.2012, the school committee of the petitioner’s school appointed her on 02.08.2012 despite of her unqualifications. Thus it is obvious, that the school committee prolonged the vacancy of primary school headmaster from 01.09.2007 to 01.08.2012 with motive to appoint the said Tmt. A. Selva Valli who is a member in the school committee as representative of the educational agency.” 7. Although the counter affidavit was filed as early as 2018, the Petitioner Management did not take steps to bring the writ petition up for disposal. It appears that A. Selvavalli continued to serve as Headmistress 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 of the school, and, owing to her close association with the management, she was also made a member of the School Committee under the quota available to the educational agency. The post of Headmistress being a promotional post, two other eligible teachers, namely, Ms. Juliet Jyothimani and Ms. K. Geetha, were entitled to consideration for promotion. However, the management, by design, obtained letters of declining promotion from them. 8. As the management could not secure any order in favor of A. Selvavalli in 2019, she herself filed W.P. (MD) No. 10780 of 2019, seeking the very same relief as prayed for in the present writ petition. Being a member of the School Committee and closely connected with the management, she was undoubtedly aware of the writ petition filed by the management for the identical relief. Yet, she failed to disclose the pendency of the present writ petition in her own filing. 9. The writ petition filed by A. Selvavalli was disposed of by this Court on 02.02.2023. In paragraphs 8 to 10 of the order, the learned Judge, while dismissing her petition, held as follows:— “8. The second ground that was raised by the petitioner is that she is qualified to be appointed in the 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 said post and has served in 3 Primary Schools and Montessori School. The contention of the respondent is that the Montessori service cannot be considered. If the petitioner had served in the Secondary Grade post, then only the petitioner’s candidature can be considered. The Montessori service cannot be considered at all. The Rule specifically states that the candidate should possess the teaching experience in the post of Secondary Grade Teacher, because the Primary School Headmaster post can be filled up by the candidates who have experience in the Secondary Grade Teachers with the appropriate educational qualification. Since the petitioner is not having the Secondary Grade Teacher experience, the petitioner's candidature cannot be considered. Moreover, the qualification of the petitioner is B.Sc., Zoology and B.Ed. As rightly pointed out by the respondents that the petitioner is not having Secondary Grade teaching certificate. Therefore, the petitioner's candidature cannot be considered. 9. For reasons stated above, the petitioner's appointment to the post of Primary School Headmaster is not in accordance to rules and regulations. Hence, approval cannot be granted. 10. The learned counsel appearing for the petitioner prays for remitting the matter back to the respondents for reconsidering the issue. This Court is of the considered opinion that remitting back to the authority would not serve the purpose, since this Court has held supra the petitioner is not having qualification to the said post. If there is any future vacancy, the petitioner's candidature can be considered in accordance to law and not otherwise. 11. With the above observation, this Writ Petition stands dismissed.” 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 10. In the writ petition filed by the teacher, the present Petitioner School Management was arrayed as the third respondent, and the order of this Court extracted above is equally binding on them. In all fairness, once the order was passed two years ago on merits, the Petitioner ought to have withdrawn the present writ petition. However, they failed to do so. 11. In view of the stand taken by the respondents, and in light of the order earlier passed by this Court in Selvavalli’s case, the writ petition filed by the Petitioner Management is devoid of merit. Accordingly, W.P. (MD) No. 22033 of 2017 is dismissed with costs. The connected W.M.P. (MD)No.18331 of 2017 is also dismissed. Costs are quantified at Rs. 5,000/-, payable to the 1st Respondent in their official capacity, within a period of four weeks. 29.08.2025 Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No LS 8/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 To 1. The District Elementary Educational Officer, Tirunelveli District. 2.The Assistant Elementary Educational Officer, Ambasamudram, Tirunelveli District. 9/10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22033 of 2017 DR. A.D. MARIA CLETE, J. LS Pre-delivery Judgment made in W.P. (MD) No.22033 of 2017 29.08.2025 10/10 https://www.mhc.tn.gov.in/judis