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Madras High CourtWP/9004/2018allowed

S.Shanthasundari v. The Chief Educational Officer

2023-06-21Honourable Mr Justice P.B. Balaji3 pages

& W.M.P. Nos.10854 & 35305 of 2018 & W.M.P. No.2095 of 2021 P.B.BALAJI,J.

Heard the learned counsel appearing for the petitioner as well as the 3rd respondent. The matter has been posted today for being mentioned at the request of the learned counsel for the 3rd respondent, Mr. Subramanian Vaidyanathan.

2. The learned counsel brought it to my notice that pending final disposal of the Writ petition, Tamil Nadu Private Schools (Regulation) Rules 2023 came into force and in Annexure V to Rule 28(5), an amendment has been effected in the nature of including one additional method of appointment, namely, deployment of teaching Staff in the same cadre from any other aided school. In this backdrop, the learned counsel for the 3rd respondent wanted the earlier order passed by me on 21.06.2023 to be clarified, since at the time of disposal of the Writ petition, he was not able to refer to the new Rules.

3. Further it is seen that the lis in the present Writ petition arises much earlier to the 2023 Rules, in fact way back in 2012, the cause for the present Writ petition arose. Therefore, the respondents 1 and 2 cannot put the

new Rules, namely, Tamil Nadu Private Schools (Regulation) Rules, 2023 against the petitioner. It is also brought to my notice that the 3rd respondent has already sent several representations in compliance of the order passed by me on 21.06.2023 and it is now for the respondents 1 and 2 to pass consequential orders as directed in the order dated 21.06.2023.

4. With these observations, the order passed earlier is confirmed, requiring no modifications.

25.08.2023 mjs

P.B.BALAJI,J.

mjs & W.M.P. Nos.10854 & 35305 of 2018 & W.M.P. No.2095 of 2021 25.08.2023