2009 (8) TMI 1132 - SC - Indian Laws

Whether the High Court erred in directing the present Appellant No. 1 to sanction one post of Junior Assistant to the Respondent No. 1 - AAHS School from June 1, 1994 overlooking and ignoring that creation and sanction of posts is the prerogative of the executive and the courts cannot arrogate to themselves a purely executive power?

Summary

The Supreme Court judgement in the case of State of Tamil Nadu vs. Amala Annai Higher Secondary School involves an appeal against the Madras High Court's decision to dismiss a writ appeal by the state and affirm the order to sanction a post of Junior Assistant to the school from 1994. The school, originally a middle school, was upgraded to a high school in 1988, absorbing all middle school posts. The state government rejected the school's request for a Junior Assistant post based on student strength below 300. The High Court directed the state to sanction the post, but the Supreme Court found the second writ petition an abuse of process, as the state's decision was unchallenged. The Court also found the staffing pattern norms inapplicable and the Junior Assistant appointment invalid. The High Court's directive was deemed an overreach of executive powers, leading to the appeal's success.