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Madras High CourtWP/18763/2024dismissed

The Manager v. The Dirctor Of Elementary Education

2024-07-09Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.M.P.Nos.20570 & 20572 of 2024 The Manager M.G.R.Aided Primary School Tholeeswarapuram Thungapuram Post, Kunnam Taluk Perambalur District.

... Petitioner Vs.

1.The Director of Elementary Education College Road, Chennai - 6.

2.The District Educational Officer (Elementary) Perambalur.

3.The Block Educational Officer Veppur, Perambalur.

4.Kalpana ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.2419/B4/2023 dated 19.12.2023 declaring the post of Secondary Grade Teacher of the Petitioner School as surplus and the consequential impugned order passed by the 2nd respondent in Na.Ka.No.2419/B4/2023 dated

28.06.2024, deploying the 4th respondent from the petitioner School and quash the same and consequently direct the 2nd respondent to restore the post of Secondary Grade Teacher to the petitioner School. For the petitioner : Mr.S.N.Ravichandran For the respondents : Mrs.S.Mythreye Chandru Special Government Pleader for RR1 to 3

ORDER

This Writ Petition has been filed challenging the order passed by the 2nd respondent dated 19.12.2023 thereby declared that one post of Secondary Grade Teacher as surplus and also the order passed by the 2nd respondent dated 28.06.2024, thereby deployed the 4th respondent from the petitioner School.

2. It is the case of the petitioner School that it is a primary school and receiving teaching grant from the Government and it is governed by the Tamil Nadu Private School (Regulation) Act and Rules. As per the students strength, from classes 1 to 5 there are one Headmaster and four Secondary Grade Teachers are working in the petitioner School and it is the sanctioned staff strength of the said school.

3. However, as per the proceedings of the 2nd respondent dated

19.12.2023, based on the students strength, staff strength for the academic year 2023 - 2024 has been fixed as one Headmaster and four Secondary Grade Teachers and found that one Secondary Grade Teacher post as surplus, out of 5. Therefore, the 4th respondent was deputed to Panchayat Union Primary School, Thungapuram, with effect from 10.06.2024. Thereafter, by the proceedings dated 28.06.2024, the 2nd respondent deployed the 4th respondent from the petitioner School to Pandiyan Middle School, Nalarikai, on the basis of the student strength. Hence the present Writ Petition.

4. The learned counsel appearing on behalf of the petitioner School would submit that the School committee was approved by the 2nd respondent by its proceedings dated 27.02.2020, for the period of three years from 16.02.2020 to 15.02.2023. Thereafter, it was not approved and the 2nd respondent forced the petitioner School to pass a resolution to give consent for deployment of the 4th respondent from the petitioner School to the other needy school. Therefore, the petitioner School passed a resolution, that too without issuing any notice to the members of the School committee as required under Rule 26 (2) of the Tamil Nadu Private School (Regulation) Rules, 2023. Thereby, the petitioner School had given consent for deployment of the 4th respondent. Subsequently, the 2nd respondent fixed the staff strength vide proceedings dated 19.12.2023, based on

the students strength as on 01.08.2023, as per the G.O.Ms.No.525 dated 29.12.1997. The said fixation is contrary to the Full Bench Judgment of this Court in Director of Elementary Education and Ors. Vs. Tmt.S.Vigila and Anr, reported in (2007) 1 MLJ 199. As per the said Judgment, the minimum strength of teachers required obviously should not fall below the number of standards / sections in a school. Ultimately, if there are five standards, the minimum number of teachers should be five, out of which one would be the Headmaster. Therefore, the very fixation of staff strength by the 2nd respondent vide impugned order dated 19.12.2023 is contrary to the Judgment of the Full Bench and the 2nd respondent ought not to have deployed the 4th respondent from the petitioner School.

5. On instructions from the respondent Department, the learned Special Government Pleader would submit that the petitioner School's students strength is 96, in which, class 1 has 13 students, class 2 has 13 students, class 3 - 21 students, class 4 - 25 students and in class 5 - 24 students. That apart, the petitioner School passed the resolution dated 26.06.2014, thereby resolved to deploy the 4th respondent to some other school. Even the 4th respondent also consented to join in the Pandiyan Middle School, Nalarikai. Accordingly, the petitioner School has also rendered the 4th respondent as surplus teacher, on the

basis of the principles laid down by the Hon'ble Division Bench of this Court in W.A (MD) No.76 of 2019 dated 31.01.2022. The Government had also passed the order in G.O.Ms.No.14, School Education Department dated 13.01.2023 thereby notified new Tamil Nadu Private School Regulation Rules (hereinafter referred to as the TNPSR Rules, 2023'), 2023. Rule 32 of the TNPSR Rules, 2023 states about the staff fixation and deployment of surplus staff on retrenchment in an aided private school. Accordingly, the strength of the staff of every aided private school shall be fixed based on the strength of the pupils' as on 1st day of August of every academic year. The requirement of each aided private school shall be assessed separately by treating such school as a unit for the purpose of fixing the strength of the staff.

The surplus staff so identified shall be the junior most staff in that school as per the rules. Now, the 4th respondent is deployed to other school for which the petitioner school by a resolution consented for her deployment. In fact, the 4th respondent also expressed her willingness to go and join in the new school.

6. In view of the above, this Court finds no infirmity or illegality in the orders passed by the 2nd respondent and accordingly, this Writ Petition stands dismissed. No costs. Consequently connected miscellaneous petitions are closed. 04.07.2024

Jer Index : Yes/No Internet : Yes/ No Speaking order / Non speaking order To 1.The Director of Elementary Education College Road, Chennai - 6.

2.The District Educational Officer (Elementary) Perambalur.

3.The Block Educational Officer Veppur, Perambalur.

G.K.ILANTHIRAIYAN, J., Jer

04.07.2024