K.Mohan v. The Director Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP Nos.28285, 28286 & 28288 of 2024 K.Mohan ... Petitioner -Vs1.The Director of School Education DPI Campus Nungambakkam Chennai-600 006.
2.The District Educational Officer (Elementary Education) Salem District Salem.
3.The Block Educational Officer Attur Block Salem District.
4.The Head Master Thiru.Chinnasamy Ayya Aided Middle School Attur Salem District.
5.The Secretary Thiru.Chinnasamy Ayya Aided Middle School Attur Salem District.
... Respondents 1/6
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned orders passed by the 2nd respondent 20.06.2024 in Na.Ka.No.002572/A4/2024 and the consequential order of the 3rd respondent dated 30.07.2024 made in Na.Ka.No.035/A2/2024 and to quash.
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.S.Prabhakaran Government Advocate for R1 to R3
ORDER
This writ petition has been filed challenging the proceedings of the 2nd respondent dated 20.06.2024 and the consequential Order passed by the 3rd respondent dated 30.07.2024.
2.Heard Mr.C.Prabakaran, learned counsel for the petitioner and Mr.S.Prabhakaran, learned Government Advocate for R1 to R3. 3.The case of the petitioner is that he is a B.T. Assistant Science Teacher working in the 5th respondent School. There was some dispute between the petitioner and another teacher. As a result, a series of complaints were given on both sides. The respondents have called the petitioner and the other group of teachers for an enquiry. The same has been put to challenge in the present writ petition.
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4.In the considered view of this Court, on going through the proceedings of the 2nd respondent dated 20.06.2024 and the proceedings of the 3rd respondent dated 30.07.2024, it is seen that the enquiry is sought to be conducted on the complaint given by both sides.
5.The learned counsel for the petitioner submitted that the petitioner is not interested in conducting any enquiry based on his complaint. The learned counsel further submitted that considering the atmosphere that is prevailing in the 5th respondent School, the petitioner does not want to continue in that School and therefore, he made a request to the official respondents for transfer to some other School.
6.Considering the submissions made on either side and also the materials available on record, it is seen that there is a serious misunderstanding between the petitioner and a group of teachers belonging to the 5th respondent School. Such an atmosphere cannot be permitted to continue and it will have a very adverse impact on the students. Therefore, the 2nd respondent shall call both the parties and if the petitioner is not willing to prosecute his complaint, the other group of teachers shall also be informed that in the interest of the School, the issue need not be precipitated any further. The petitioner has also made his representation seeking for transfer from the 5th respondent School to some other School. Such representation made by the petitioner dated 12.06.2024, is pending before the 2nd respondent. The 2nd 3/6
respondent shall take a decision on the representation made by the petitioner. The 2nd respondent shall keep in mind the interest of the students and try to resolve the issue amicably.
7.This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 06.09.2024 Index : Yes/No Speaking Order : Yes /No KP 4/6
To 1.The Director of School Education DPI Campus Nungambakkam, Chennai-600 006.
2.The District Educational Officer (Elementary Education) Salem District Salem.
3.The Block Educational Officer Attur Block Salem District.
4.The Head Master Thiru.Chinnasamy Ayya Aided Middle School Attur Salem District.
5.The Secretary Thiru.Chinnasamy Ayya Aided Middle School Attur Salem District.
N.ANAND VENKATESH. J., 5/6
KP 06.09.2024 6/6