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Madras High CourtWP/15349/2024dismissed

Kandaswamy Kandars Higher Secondary School v. The Director Of School Education

2024-07-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.16670 and 16672 of 2024 Kandaswamy Kandar's Higher Secondary School, represented by the Secretary, K.Selevaraj Velur, Namakkal District.

...Petitioner

-Vs1. The Director of School Education, DPI Compound, College Road, Chennai -6.

2. The Chief Educational Officer, Namakkal.

3. The District Educational Officer (Secondary), Namakkal.

4. K.Jakirabanu

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.4145 / A2 / 2024 dated 30.05.2024 and quash the same and consequently direct the respondents 1 and 2 to

transfer Thiru.V.S. Dinesh, working as Physical Education Teacher at Bharathi High School, Reddipatti to the petitioner School, as per Rule 32

(13) of the Tamil Nadu Private School Regulation Rules, 2023 and thereby post him as Physical Education Teacher in the petitioner School, in the vacancy caused due to the retirement of Mr. E. Palanisamy, PET, on 31.05.2024, by positively considering the proposal submitted by the School Management, dated 04.06.2024 and 06.06.2024 respectively. For Petitioner : Mr.S.N.Ravichandran For R1 to R3 : Mr.M.Rajendran Additional Government Pleader For R4 : Mr.G.Anandaraj

ORDER

This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.4145 / A2 / 2024 dated 30.05.2024 and quash the same and consequently direct the respondents 1 and 2 to transfer Thiru.V.S. Dinesh, working as Physical Education Teacher at Bharathi High School, Reddipatti to the petitioner School, as per Rule 32 (13) of the Tamil Nadu Private School Regulation Rules, 2023 and thereby post him as Physical Education Teacher in the petitioner School, in the vacancy caused due to the retirement of Mr. E. Palanisamy, PET, on 31.05.2024, by positively

considering the proposal submitted by the School Management, dated 04.06.2024 and 06.06.2024 respectively.

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

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that pursuant to the order passed by the second respondent, the fourth respondent had now joined in the petitioner School. Therefore, nothing survives in this writ petition for further adjudication.

4. In view of the above submission, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs.

03.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Director of School Education, DPI Compound, College Road, Chennai -6.

2. The Chief Educational Officer, Namakkal.

3. The District Educational Officer (Secondary), Namakkal.

03.07.2024