C.Sekar v. The Chief Educational Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and WMP No.25583 of 2025

1. C.Sekar Petitioner(s) Vs

1. The Chief Educational Officer, Kallakuruchi District, Tamil Nadu-606 202.

2.The Headmaster, Government Boys Higher Secondary School, Devapandalam, Kallakuruchi District, Tamil Nadu-606 402.

Respondent(s) PRAYER This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to Call for the records on the file of 1st respondent, which culminated in the order of deputation in Na.Ka. No.982/ AA4/ 2025, dated 02.06.2025 and quash the same as devoid of merits and direct the 1st respondent to permit the petitioner to continue as PET in the 2nd

respondent school, in terms of G.O. Ms. No.525 school education department, dated 29.12.1997 and other Government orders of school education department. For Petitioner(s):

C.Johnson For Respondent:

Mr. S. Mythreye Chandran, Spl.G.P.

ORDER

The instant writ petition has been filed to quash the order of deputation passed by the first respondent in Na.Ka.No.982/A4/2025, dated 02.06.2025 and direct the first respondent to permit the petitioner to continue as PET in the 2 nd respondent school, in terms of G.O.Ms.No.525 School Education Department, dated 29.12.1997.

2. The learned counsel for the petitioner would submit that by virtue of G.O.Ms.No.525 School Education Department , dated 29.12.1997, for the first 250 students, there should be one PET teacher. In the 2nd respondent school, there are about 700 students and therefore, one PET teacher must be posted there. However, without assigning any reason, the first respondent has deputed him to work at Government High School, Sreepathanallur.

3. The learned Special Government Pleader appearing for the respondents would submit that there is a charge against the petitioner and the charge memorandum has been issued on 25.06.2025. That is the reason he has been deputed to the present school so as to conduct the disciplinary proceedings without detriment to the purity of the enquiry proceedings.

4. I have considered the matter in the light of the submissions made by the learned counsel on both sides and perused the materials available on records carefully.

5. Though the Special Government Pleader would submit that the charge proceeding is the reason for deputation, the deputation order does not contain any reason. As rightly contended by the learned counsel for the petitioner, when according to G.O.Ms.No.525, where there are 250 students, there should be one PET teacher, and if any order is passed in contravention to the G.O., it should contain the reason. But the impugned order does not contain any reason. Therefore, this Court finds that there is ground to interfere with the order dated 02.06.2025, and the impugned order is liable to be set aside as against this petitioner.

6. Accordingly, the impugned order dated 02.06.2025 passed by the first respondent is set aside to the extent as against this petitioner alone, and the matter is remitted back to the first respondent to pass a fresh order on its own merits and in accordance with law. The first respondent is directed to complete the said exercise within a period of two weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01-07-2025 Mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chief Educational Officer, Kallakuruchi District, Tamil Nadu-606 202.

2.The Headmaster, Government Boys Higher Secondary School, Devapandalam, Kallakuruchi District, Tamil Nadu-606 402.

C.KUMARAPPAN J.

mrp 01-07-2025