M. Muthukumaran v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P(MD).Nos.12770,12769 & 12773 of 2021 M.Muthukumaran ...

Petitioner Vs.

1. The Principal Secretary to Government, Department of School Education, Fort St. George, Chennai 600 009.

2.The Commissioner of School Education, EVK Sampath Maaligai, DPI Campus, 3.The State Project Director, Samagra Shiksha , DPI Campus, Nungampakkam, Chennai-6.

4. The Joint Director of School Education (Personnel), EVK Sampath Maaligai DPI Campus, 5.The Chief Educational Officer, O/o. The Chief Educational Officer,

Madurai District, Madurai.

... 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 Government Order vide G.O.(1D)No.134, School Education (Pa.Ka.5)(1) Department dated 18.08.2021 and quash the impugned Clause in paragraph No.4(i)(m)&(c) issued by the 1st respondent is concerned and consequently direct the respondents to conduct the transfer/conversion counselling by giving the right of exercising option for relinquishment and to continue as Block Resource Teacher Educators in the same place. For Petitioner : Mr.D.Shanmugaraja Sethupathi 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) 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. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 02.07.2024 (13/13) dpa Index : Yes / No Speaking order / Non-speaking order To

1. The Principal Secretary to Government, Department of School Education, Fort St. George, Chennai 600 009.

2.The Commissioner of School Education, EVK Sampath Maaligai, DPI Campus, MUMMINENI SUDHEER KUMAR, J.

dpa 3.The State Project Director, Samagra Shiksha , DPI Campus, Nungampakkam, Chennai-6.

4. The Joint Director of School Education (Personnel), EVK Sampath Maaligai DPI Campus, 5.The Chief Educational Officer, O/o. The Chief Educational Officer, Madurai District, Madurai.

and W.M.P(MD).Nos.12770,12769 & 12773 of 2021 02.07.2024 (13/13)