Madras High CourtWP/13306/2021disposed of

Csi Girls High School v. The Director Of School Education

2021-06-25Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 13306 of 2021 C.S.I. Girls High Scoool Littler Kanchipuram 631 501, Rep. by its Correspondent, A.E.Sachidanandam, S/o. P.Adaikalam ..Petitioner

Versus

1. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

2. The Joint Director of School Education (Secondary), O/o. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Kanchipuram District, Kanchipuram.

4. The District Educational Officer, Kanchipuram Education District, Kanchipuram.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus directing the respondents to pass orders for revision of staff fixation order from the academic year 2015-2016 by considering the total student's strength of co-education students studying Std. 6 to 8 for the purpose of staff fixation and consequently order for conversion of vacancy to the post of B.T.Assistant (Science) arose due to promotion of Tmt.Christinal Tamilrasi in the year 2014 as B.T.Assistant (Social Science ) for the benefit of students suffering without any teacher in the subject based on the representation submitted by the petitioner school dated 01.04.2021 and in the light of the orders passed by the second respondent in Na.Ka.No.069491/D1/E4/2016 dated 05.10.2017, with

all consequential and other attendant benefits, within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr. G.Sankaran For Respondents : Mr. C.Kathiravan Government Advocate

ORDER

With the consent of both parties, this matter is taken up for final hearing at the admission stage itself.

2. This writ petition is filed for issuing a writ of mandamus directing the respondents to pass orders for revision of staff fixation order from the academic year 2015-2016 by considering the total student's strength of co-education students studying Std. 6 to 8 and consequently order for conversion of vacancy to the post of B.T.Assistant (Science) arose due to promotion of Tmt.Christinal Tamilrasi in the year 2014 as B.T.Assistant (Social Science ) based on the representation submitted by the petitioner school dated 01.04.2021, in the light of the orders passed by the second respondent in Na.Ka.No.069491/D1/E4/2016 dated 05.10.2017, with all consequential and other attendant benefits.

3. Though the prayer in this writ petition is for revision of staff fixation order by considering total student's strength studying in co-education (Std.6 to 8) from the academic year 2015 -2016, with consequential conversion of vacant post of B.T. Assistant (Science) to the post of B.T. Assistant (Social Science), learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the third respondent to consider and dispose of the representation of the petitioner dated 01.04.2021, within a time stipulated by this Court.

4. Having regard to the limited scope of the prayer that is now sought by the petitioner's counsel, without expressing any opinion on the merits of the petitioner's representation, this Court directs the third respondent to consider the petitioner's representation dated 01.04.2021, and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar bkn To

1. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

2. The Joint Director of School Education (Secondary), O/o. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Kanchipuram District, Kanchipuram.

4. The District Educational Officer, Kanchipuram Education District, Kanchipuram.

W.P. No. 13306 of 2021 +1cc to Mr.C.Sankaran, Advocate, S.R.No.29864 +1cc to the Government Pleader, S.R.No.29735 UM(CO) RGA(19/07/2021)