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Madras High CourtWP/19191/2021disposed of

N.Saravanan M.Sc. ,B.Ed., v. The Collector Of Nilgiris And President

2021-09-13Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.19191 of 2021 and W.M.P.Nos.20488 to 20490 of 2021 (Through Video Conferencing) N.Saravanan

...Petitioner

Vs

1. The Collector of Nilgiris and President, Board of Management, Breeks Schools, Udhagamandalam.

2. Chief Educational Officer, The Nilgiris, Udhagamandalam.

3. The Inspector of Anglo Indian Schools, DPI Compound, Chennai 600 006.

4. K.Saravana Sunder, Headmaster - In- Charge, Breeks Memorial Anglo Indian, Higher Secondary School, Udhagamandalam

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the first respondent in Na Ka.No. 1/2540/2018 dated 07.07.2021 and quash the same and consequently direct the first respondent to continue to permit the petitioner to discharge his service as Headmaster in the respondent school.

For Petitioner : Dr.R.Gouri For R1 to R3 : Mr.L.S.M.Hasan Fizal, Government Advocate

ORDER

The petitioner was appointed as a Post Graduate Teacher in Physics as early as 21.06.1995 in Breeks Memorial Anglo - Indian

Higher Secondary School, a Government aided Minority Schools. Thereafter the petitioner's services were also regularized on 03.02.1998. On 28.06.2018, the petitioner was appointed as Headmaster (Incharge) of the 4th respondent school. The petitioner has now challenged the impugned order reverting the petitioner back as a Post Graduate Teacher in Physics on the ground that one of his junior namely the 4th respondent has now been designated as the Headmaster (Incharge) of the said School. 2.It is submitted that the decisions to revert the petitioner and was made to promote the 4th respondent even though another senior named Mr.M.Ramamoorthy was available. 3.The learned counsel for the petitioner submits that though the petitioner has been issued with a charge memo on 25.08.2021, the manner in which the 4th respondent has been appointed as the Headmaster (Incharge) of the School was an arbitrary exercise.

4.This writ petition is devoid of merits. The petitioner cannot question the designation of the 4th respondent as the Headmaster (Incharge) of the said School in his place as such designations are only temporary till a regular Headmaster is appointed. Further, a charge memo has been issued to the petitioner. Therefore, the petitioner cannot interfere with Management and affairs of the said School. Any interference will amount to allowing the petitioner to interfere with the disciplinary proceedings pending against him, the Management of the said School are therefore directed to complete the same within a period of nine months from the date of receipt of copy of this order.

5.This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jas To

1. The Collector of Nilgiris and President, Board of Management, Breeks Schools, Udhagamandalam.

2. The Chief Educational Officer, The Nilgiris, Udhagamandalam.

3. The Inspector of Anglo Indian Schools, DPI Compound, Chennai 600 006.

+1cc to Dr.R.Gouri, Advocate, Sr.46357 W.P.No.19191 of 2021 and W.M.P.Nos.20488 to 20490 of 2021 GPL[co] NSK 25/10/2021