St.Xaviers Primary School v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2024
CORAM
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI and M.P.Nos.1 and 2 of 2015 St.Xavier's Primary School represented by its Correspondent Puckulipalayam, Mangalam Post, Tiruppur District - 641 663
...Petitioner
vs.
1. The Government of Tamil Nadu, Represented by the Additional Chief Secretary, Department of School Education, Fort St.George, Madras - 600 009
2. The Director of Primary Education, DPI Campus, College Road, Chennai - 600 006
3. The District Elementary Educational Officer The Office of the District Elementary Educational Office, Tiruppur, Tiruppur Distict.
4. The Additional Elementary Educational Officer, The Office of the Additional Elementary Educational Office, Dharapuram Range, Dharaapuram, Tiruppur District.
5. Mrs.V.Kannagai ... Respondents Page No.1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order dated 22.09.2015 in Na.Ka.No.2208/A5/2015 on the file of the 3rd respondent, in respect of the deployment of Mrs.V.Kannagai, from another non-minority school, and quash the same. For Petitioner : Mr.Fr.A.Xavier Arulraj For Respondents :
For R1 to R4 : Mr.T.M.Rajangam Government Advocate
ORDER
This writ petition is filed by St.Xavier's Primary School, represented by its correspondent, Puckulipalayam, Mangalam Post, Tiruppur District, calling for the records pertaining to the impugned order dated 22.09.2015 of the 3rd respondent in respect of the deployment of Mrs.V.Kannagai from another non-minority school and to quash the same.
2. The petitioner is the Correspondent of the petitioner's school herein. The petitioner school is established and administered by "The Congregation of the Franciscan Sisters of the Presentation of the Blessed Virgin Mary, Coimbatore" bearing Registration S.No.86 of 1972 for the purpose of legal perpetuity. The society has established and administering Page No.2/6
87 Educational Institutions for the welfare of the Catholic Christian Minority Community in Tamil Nadu.
3. While so, the 3rd respondent issued the impugned order dated 22.09.2015 in Na.Ka.No.2208/A5/2015, transferring a teacher by name Mrs.V.Kannagai, a Secondary Grade Teacher from Chella Muthu Kalvi Nilayam Aided Primary School, Dharapuram to the petitioner school by way of deployment due to the surplus posts in Chella Muthu Kalvi Nilayam Aided Primary School.
4. The petitioner further submits that the minority petitioner school, if forced to accept the deployed teacher from other schools, outside its management, it will lose the opportunity and the right to appoint its own teachers. Hence this writ petition.
5. Mr.T.M.Rajangam, learned Government Advocate submits that subsequent to the interim order of stay passed in this writ petition on 06.10.2015, the said order of deployment was cancelled, and she was relieved from the transferred post on 04.11.2015 and joined in the St.Thomas Government Aided School, Thomaspuram on 05.11.2015, and Page No.3/6
she has been working there till date.
6. Recording the said details, this writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions, if any are also closed.
23.04.2024 (3/4) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No mac Page No.4/6
To
1. The Government of Tamil Nadu, Represented by the Additional Chief Secretary, Department of School Education, Fort St.George, Madras - 600 009
2. The Director of Primary Education, DPI Campus, College Road, Chennai - 600 006
3. The District Elementary Educational Officer The Office of the District Elementary Educational Officer, Tiruppur, Tiruppur Distict.
4. The Additional Elementary Educational Officer, The Office of the Additional Elementary Educational Officer, Dharapuram Range, Dharaapuram, Tiruppur District.
Page No.5/6
R.KALAIMATHI, J.
mac and M.P.Nos.1 and 2 of 2015 23.04.2024 (3/4) Page No.6/6