School run by Muslim minority aided by TN government. A Hindu teacher was appointed in 1998. His appointment was not approved by department in time. As such a writ was taken out in 2008. In 2018 the Honble HC of Madras directed the educational authorities to consider whether the teacher's appointment was made in 1998 and if yes to approve the same. Presently there is another vacancy arising out of the retirment of another teacher. The educational authorites say that they may consider his appointment from the present vacancy date instead of 1998. What would be the remedy for the teacher? Can the minority management appoint a fresh candidate for the vacancy as the teahcer (writ petitioner) is in a dilemma. Please advise.
The teacher who was appointed in 1998 shall be deemed to be appointed in the year 1998 as per court orders. Otherwise the teacher who was appointed in 1998 shall file contempt by consulting his own counsel.