The Congregation Of The Franciscan Sisters, v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4481 of 2024 and W.M.P.No. 4834 of 2024 The Congregation of the Franciscan Sisters of the Presentation of the Blessed Virgin Mary, Coimbatore, Rep. by its President, 1253, Big Bazaar Street, Coimbatore -641 001.

....

Petitioner Vs

1. The State of Tamil Nadu, Represented by the Secretary to Government, Education Department, Fort St.George, Madras - 9.

2. The Director of School Education,

3. The Joint Director of School Education (Secondary), 1/4

4. The Director of Elementary Education, DPI Campus, College Road, ....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue appropriate proceedings to permit the petitioner Corporate management to deploy the surplus teachers to the eligible vacancies in the other schools within the Corporate management, as mentioned in the Annexure Form 2 (C) to the representation dated 11.12.2023 on the file of the second and third respondents.

For Petitioner : Mr.Father Xavier Arulraj Senior Counsel for M/s.Father Xavier Associates For Respondents : Mrs.Mythreye Chandru Special Government Pleader

ORDER

This Writ Petition has been filed for a direction directing the respondents to issue appropriate proceedings to permit the petitioner Corporate management to deploy the surplus teachers to the eligible vacancies in the other schools within the Corporate Management, as mentioned in the Annexure Form 2 (C) to the representation dated 11.12.2023 on the file of the second and third respondents. 2/4

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. Without expressing any opinion on the merits of the writ petition, the second and third respondents are directed to consider the representation of the petitioner dated 11.12.2023 and pass 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.

4. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 26.02.2024 Index:Yes/No Speaking /Non-speaking order Lpp To

1. The Secretary to Government, Education Department, Fort St.George, Madras - 9.

2. The Director of School Education, 3/4

G.K.ILANTHIRAIYAN, J.

Lpp

3. The Joint Director of School Education (Secondary),

4. The Director of Elementary Education, DPI Campus, College Road, W.P.No.4481 of 2024 and W.M.P.No. 4834 of 2024 26.02.2024 4/4