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Madras High CourtWP/19799/2021dismissed

J.S.Santhi v. The Government Of Tamil Nadu

2024-07-02Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.21073, 21074 of 2021 1.J.S.Santhi ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. By its Principal Secretary, Department of School Education, Fort St. George, Secretariat, Chennai - 600 009.

2. The Commissioner of School Education, Directorate of School Education, D.P.I. Campus, College Road, Nungmbakkam, Chennai-600 006.

3.The State Project Director, Samgra Shiksha, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

4.The Joint Director of School Education (Oersonnel), D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

5.The Chief Educational Officer, Theni District, Theni.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in G.O.(1D).No.134, School Education [Pa.Ka.5(1)] Department, dated 18.08.2021 and quash the same in so far as para 4(I) (U) making the conversion of senior most 500 Block Resource Teacher Educators as B.T.Assistants and transferring them to Government Schools as mandatory without giving any right of option for relinquishment and to continue as Block Resource Teacher Educators in the same place and para 4(I) (a) are concerned and consequently direct the respondents to conduct the transfer/conversion counselling by giving the right of exercising option for relinquishment and to continue as Block Resource Teacher Educators in the same.

For Petitioner : Mr.R.Sai Manohar For Respondents : Mr.K.H.Ravikumar, Government Advocate

O R D E R

When the matter is taken up for consideration, it is brought to the notice of this Court that the validity of the very same impugned order i.e., G.O (1D) No.134, School Education Department dated 18.08.2021, insofar as clause 4(i)(m)(c)&(V) was already decided by a learned Division Bench of this Court in W.A (MD) No.2230 of 2023 by an order dated 07.11.2023 and the SLP filed

there-against was also dismissed by the Hon'ble Apex Court by an order dated 05.01.2021.

2. This Court after having perused the said order is fully convinced that the issue in this Writ Petition is squarely covered by the said orders passed by the learned Division Bench, as confirmed by the Hon'ble Apex Court.

3. In the light of the above, the relief sought for in this Writ Petition cannot be granted and nothing survives for adjudication and the same is accordingly dismissed. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 02.07.2024 (5/13) dpa Index : Yes / No Speaking order / Non-speaking order To 1.The Principal Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Secretariat, Chennai - 600 009.

MUMMINENI SUDHEER KUMAR, J.

dpa

2. The Commissioner of School Education, Directorate of School Education, D.P.I. Campus, College Road, Nungmbakkam, Chennai-600 006.

3.The State Project Director, Samgra Shiksha, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

4.The Joint Director of School Education (Oersonnel), D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

5.The Chief Educational Officer, Theni District, Theni.

and W.M.P.Nos.21073, 21074 of 2021 02.07.2024 (5/13)