Case Note & Summary
The case involves a Writ Appeal filed by the Director of Elementary Education and other educational officers against an order dated 12.01.2024 in W.P.No.7707 of 2022. The first respondent, T.Vijaya Prathip, and the Correspondent of A.B.T.M. Middle School were the respondents. During the hearing, both the Government Counsel for the appellants and the counsel for the first respondent submitted that the approval of appointment had already been granted to the respondent, subject to the final outcome of a Special Leave Petition pending before the Hon'ble Supreme Court of India. In view of this submission, the court held that no further adjudication was required and closed the Writ Appeal, along with the connected miscellaneous petition, with no order as to costs.
Headnote
A) Service Law - Appointment Approval - Mootness - Writ Appeal - Where the relief sought (approval of appointment) has already been granted to the respondent subject to the final outcome of a pending Special Leave Petition before the Hon'ble Supreme Court, no further adjudication is required and the appeal is closed as infructuous. (Paras 1-2)
Issue of Consideration
Whether the writ appeal requires further adjudication when the approval of appointment has already been granted subject to the outcome of a pending Special Leave Petition before the Supreme Court.
Final Decision
The Writ Appeal stands closed. Consequently, connected miscellaneous petition is closed. No order as to costs.
Law Points
- No adjudication required when relief already granted
- subject to pending SLP
Case Details
2026 LawText (MAD) (06) 189
W.A.No.1604 of 2026 and C.M.P.No.14802 of 2026
S. M. Subramaniam, N. Senthilkumar
Dr.R.Gouri (Government Counsel for appellants), Mr.S.Nedunchezhiyan (for R1)
The Director of Elementary Education, The Chief Educational Officer, The District Educational Officer, The Block Educational Officer
T.Vijaya Prathip, The Correspondent, A.B.T.M. Middle School
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Nature of Litigation
Writ Appeal against order in W.P.No.7707 of 2022 regarding approval of appointment.
Remedy Sought
Appellants sought to set aside the order dated 12.01.2024 in W.P.No.7707 of 2022.
Filing Reason
The appellants challenged the order granting approval of appointment to the first respondent.
Previous Decisions
The learned Single Judge allowed W.P.No.7707 of 2022 on 12.01.2024.
Issues
Whether the writ appeal requires further adjudication when the approval of appointment has already been granted subject to the outcome of a pending SLP.
Submissions/Arguments
Government Counsel for appellants and counsel for first respondent submitted that approval of appointment has already been granted to the respondent, subject to final outcome of SLP pending before Supreme Court.
Ratio Decidendi
When the relief sought in the appeal has already been granted to the respondent subject to the outcome of a pending Special Leave Petition, no further adjudication is required and the appeal is closed as infructuous.
Judgment Excerpts
Today, when the matter was taken up for hearing, the learned Government Counsel appearing for the appellants as well as the learned counsel appearing for the first respondent submitted that the approval of appointment has already been granted to the respondent, subject to the final outcome of the Special Leave Petition which is pending before the Hon’ble Supreme Court of India. Thus, no further adjudication is required.
In view of the above submission, the Writ Appeal stands closed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
Procedural History
The appellants filed W.A.No.1604 of 2026 against the order dated 12.01.2024 in W.P.No.7707 of 2022. During hearing on 22.06.2026, both sides submitted that approval of appointment had already been granted subject to pending SLP. The court closed the appeal.
