Dr.D.Bakkiyaraj v. State Of Tamilnadu
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.21702 & 21704 of 2021 1.D.Bakkiyaraj 2.D.Ponmani 3.A.Sivaraman ... Petitioners Vs.
1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, School Education Department, Secretariat, Chennai 600 009.
2.The Commissioner of School Education, DPI Campus, College Road, Chennai 600 006.
3.The State Project Director, Samagrha Shiksha Abiyan, (Integrated School Education), DPI Campus, College Road, Chennai-6.
... Respondents Prayer: Writ Petition is 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 order issued by the 1st respondent G.O.(1D) No.134, School
Education Department dated 18.08.2021 in so far as Clause 4(I)(c)&(v) relating to declaration of Zero vacancy is concerned and to quash. For Petitioners : Mr.S.Nedunchezhiyan 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. However, the petitioners are permitted to continue in their respective places till 31.08.2024 and thereafter, they shall join in their respective transferred places. In the meanwhile, the petitioners are at liberty to participate in the ensuing transfer counselling if they are otherwise eligible to participate in such counselling. Consequently, connected miscellaneous petitions, if any shall stand closed. No costs.
02.07.2024 (11(ii)/13) dpa Index : Yes / No Speaking order / Non-speaking order To
1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Chennai 600 009.
2.The Commissioner of School Education, DPI Campus, College Road, Chennai 600 006.
3.The State Project Director, Samagrha Shiksha Abiyan, (Integrated School Education), DPI Campus, College Road, Chennai-6.
MUMMINENI SUDHEER KUMAR, J.
dpa and W.M.P.Nos.21702 & 21704 of 2021 02.07.2024 (11(ii)/13)