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Madras High CourtWP(MD)/19079/2023disposed of

R. Punitha, v. The Principal Secretary To Government,

2023-08-14Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Punitha ... Petitioner

Versus

1.The Principal Secretary to Government, Departmental of School Education, Fort St.George, Secretariat, Chennai.

2.The State Project Director, Samagra Shiksha, DPI Compus, Nungambakkam, Chennai-600006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to implement Clause 4(1)(A) of G.O.(1D)No.134, School Education (Pa.Ka.5(1)) Department dated 18.08.2021 in regard to conversion of 500 senior most Block Resource Teacher Educators as B.T Assistants every academic year in the interest of the Government school students based on joint representation dated 07.07.2023 within the time limit that may be stipulated by this Court. For Petitioner :

Mr.G.Thalaimuthurasu For Respondents :

Mr.P.Baladhandayutham, Special Government Pleader Page No.1 of 6

ORDER

This Writ Petition has been filed to direct the respondents to implement Clause 4(1)(A) of G.O.(1D)No.134, School Education (Pa.Ka.5(1)) Department, dated 18.08.2021 in regard to conversion of 500 senior most Block Resource Teacher Educators as B.T Assistants every academic year in the interest of the Government school students based on joint representation, dated 07.07.2023.

2.The case of the Writ Petitioner is that the petitioner was appointed as Block Resource Teacher Educator by the Teachers Recruitment Board on 15.10.2010. As per G.O(Ms)No.16, School Education (Q2) Department, dated 05.02.2002 and G.O(Ms)No.52, School Education (Q2) Department, dated 30.06.2006, the post of Block Resource Teacher Educator and B.T Assistant are interchangeable and they are subject to transfer within the district with their consent. Since there was surplus of the Teacher Educators in some districts and at the same time there was demand for Teacher Educator's in some other districts, the Education Department has decided to deploy the surplus Educators to the vacant post of some other districts. Accordingly, 362 Block Resource Teacher Educators were compulsorily and forcibly deployed to other districts in the Page No.2 of 6

year 2014 vide the proceedings of the Director of School Education, dated 06.06.2014. The petitioner is one among the aggrieved person of 362 Block Resource Teacher Educators. This being the position, the 1st respondent has issued G.O.(1D)No.134, School Education (Pa.Ka.5(1)) Department, dated 18.08.2021. As per Clause 4(1)(A) of G.O.(1D)No.134, School Education (Pa.Ka.5(1)) Department, dated 18.08.2021, the 500 senior most Block Resource Teacher Educators have to be posted as B.T Assistants by way of conversion and their willingness is not necessary. If the guidelines of the said Government order is followed strictly, there will be no chances for surplus post of Block Resource Teacher Educator in any particular districts. In this regard, a representation has been given by the petitioner and other similarly placed persons on 19.07.2023, however, no order has been passed till date.

3.The learned Special Government Pleader appearing for the respondents submitted that appropriate orders will be passed on merits on the representation, dated 19.07.2023.

Page No.3 of 6

4.Heard the submissions of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the records.

5.Considering the limited relief sought for in this Writ Petition, there shall be a direction to the 2nd respondent to consider the representation, dated 07.07.2023 and pass orders on merits and in accordance with law, within one month, from the date of receipt of a copy of this order. 6.With the above directions, this Writ Petition stands disposed of. No costs.

14.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Principal Secretary to Government, Departmental of School Education, Fort St.George, Secretariat, Chennai.

2.The State Project Director, Page No.4 of 6

Samagra Shiksha, DPI Compus, Nungambakkam, Chennai-600006.

Page No.5 of 6

N.SATHISH KUMAR , J.

vv2 14.08.2023 Page No.6 of 6