Shree G.K.Jain Higher Secondary School v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2022
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.9210 OF 2021 Shree G.K. Jain Higher Secondary School, represented by its Correspondent, 180, M.S.Koil Street, Pudumanaikuppam, Royapuram, Chennai, Tamil Nadu 600 013.
...Petitioner
Vs.
1.The Director, Directorate of School Education, DPI Campus, College Road, Chennai-600 006.
2.The Chief Educational Officer, Chennai-600 008.
3.The District Educational Officer, Office of the District Education Office, Chennai (East), Chennai-600 005.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to fill up the post of BT Assistant English, BT Assistant Science and BT Assistant Social Science by deployment of the teachers with Hindi Knowledge or in the absence of such qualified teachers to permit the petitioner's school to fill up the posts from the open market and by considering the representation of the petitioner's school dated 13.10.2020, 27.11.2020 and 06.02.2021 in furtherance of the proceedings of the 2nd respondent in Oo.Mo.No.2718/A3/2019 dated 10.02.2021.
For Petitioner :
Mrs.Dakshayani Reddy For Respondents :
Mr.M.Bindran, Additional Government Pleader
O R D E R
The prayer in the Writ Petition is for a Mandamus directing the respondents to fill up the post of BT Assistant English, BT Assistant Science and BT Assistant Social Science by deployment of the teachers with Hindi Knowledge or in the absence of such qualified teachers to permit the petitioner's school to fill up the posts from the open market and by considering the representation of the petitioner's school dated 13.10.2020, 27.11.2020 in furtherance of the proceedings of the 2nd respondent in Oo.Mo.No.2718A3/2019 dated 10.02.2021.
2. The case of the petitioner is that it is a minority institution with Hindi Medium classes and the post of B.T. Assistant in Science, Social Science and English fell vacant and the respondent, vide various proceedings informed the petitioner not to fill up the vacant post and that surplus teachers will be redeployed. The petitioner institution accepted the said direction, but till date, no teacher has been deployed and therefore, they are constrained to file the present writ petition.
3. Heard the learned counsel for the parties and perused the materials on record.
4. Considering the limited scope of prayer sought for by the petitioner, this Court, without expressing anything on merits, directs the second respondent to consider the petitioner's representations dated 13.10.2020, 27.11.2020 and 06.02.2021 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
5. The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar Jvm To 1.The Director, Directorate of School Education, DPI Campus, College Road, Chennai-600 006.
2.The Chief Educational Officer, Chennai-600 008.
3.The District Educational Officer, Office of the District Education Office, Chennai (East), Chennai-600 005.
+1cc to the Special Government Pleader Sr.No.21771 W.P.No.9210 of 2021 SKM(CO) RVM(11/04/2022)