S.Palani v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NOS.30295 & 30302 OF 2019 AND W.M.P.NOS.30274, 30276, 30278, 30285, 30286 & 30288 OF 2019 W.P.No.30295 of 2019 1.S.Palani 2.S.Mariappan 3.C.Nagamani 4.N.Murugesan .. Petitioners -vs1. The State of Tamil Nadu, Rep., by its Principal Secretary to Government, Ariyalur District, Ariyalur - 621 653 Salem District, Salem 636 001
5. The Chief Educational Officer, Villupuram District, Villupuram - 605 602
6. The Chief Educational Officer, Dharmapuri District, Dharmapuri - 636 701 ... Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to G.O.Ms.No.218 School Education Pa.Ka.5(1) Department dated 20.06.2019 issued by the 1st
respondent and quash the same insofar as clause 9(i) is concerned and consequently direct respondents to permit the petitioners to participate in the General Transfer Counselling in the academic year 2019-2020 subject to satisfying the guidelines laid by the Madurai Bench of the Madras High Court dated 27.08.2019 in W.P.(MD) No.14188 of 2019 and connected Writ Petitions.
W.P.No.30302 of 2019 1.T.Sivasankari 2.R.Sumathi .. Petitioners -vs1. The State of Tamil Nadu, Rep., by its Principal Secretary to Government, Vellore District, Vellore - 635 001 Cuddalore District, Cuddalore - 607 001
5. The District Educational Officer, Vaniyambadi, Vellore District - 635 751
6. The District Educational Officer, Virudhachalam, Cuddalore District - 606 001 ... Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to G.O.Ms.No.218 School Education Pa.Ka.5(1) Department dated 20.06.2019 issued by the 1st respondent and quash the same insofar as clause 9(i) is concerned and consequently direct respondents to permit the petitioners to participate in the General Transfer Counselling in the academic year 2019-2020 subject to satisfying the guidelines laid by the Madurai Bench of the Madras High Court dated 27.08.2019 in W.P.(MD) No.14188 of 2019 and connected Writ Petitions.
For Petitioners:
M/s.C.Uma For Respondents:
Mr.C.Munusamy, Special Government Pleader (Edn.) COMMON ORDER The petitioners, have filed the present writ petitions challenging the G.O.(1D)No.218 School Education Department on the ground that there was arbitrariness regarding conducting general counselling for transferring the Teachers from one School to another School including the Teachers working in the Corporation and Municipality Middle School, Higher Secondary School. Challenging the Scheme framed in the above said G.O. the present writ petitions have been filed.
2. The learned counsel for the petitioners would submit that challenging the very same G.O., writ petitions were filed before the Madurai Bench of this Court in W.P.Nos.14188 of 2019 and etc batch and the Madurai Bench of this Court has passed a detailed order in the said batch on 27.08.2019 and issued certain directions to the Government. He would further submit that similar order may be passed in these writ petitions also.
3. The learned Special Government Pleader would submit that the respondents-Government accepted the recommendation made in the decision in respect of paragraph -17 of the above said order and undertakes to follow the directions issued by the Madurai Bench of this court also perused the above decision.
4. The very same prayer has been dealt with in the batch of writ petitions in W.P.Nos.15188 of 209 and etc batch dated 27.08.2019 by the Madurai Bench of this Court. This Court also perused the above decision and heard the submissions made on either side. It is useful to extract hereunder the relevant paragraph No.17 of the above order:- " 17. Therefore, in the interest of justice, this Court is inclined to modify the condition 9(i) of the G.O(1D).No.218 School Education [Pa.Ka.5(1)] Department dated 20.06.2019 and Clause (10), omitting the relaxation available to the physically disabled candidates, with the following directions:
i) The petitioners, who are all coming under the categories of deployment or by promotions for the academic year 20182019, not completing one year of service
in the present working place, are entitled to attend the General Transfer Counselling to be held for this academic year 2019-20, provided they have not attended the General Transfer Counselling prior to 1.6.2019 as per the impugned order passed by the respondent.
ii) The petitioners, who are all coming under the categories of deployment or by promotions for the academic year 2017-2018, not completing one year of service in the present working place as on 1.6.2018, are entitled to attend the General Transfer Counselling to be held for this academic year 2019-20, provided they have not attended the General Transfer Counselling prior to 1.6.2019 as per the impugned order passed by the respondent.
iii) Clause 10 of the impugned order relates to priority category, the Secretary to Government is directed to pass appropriate orders, in view of letter No.21787/SE5(1) 2019-1, dated 26.8.2019, School Education Department, Secretariat, Chennai -9, within a period of two weeks from the date of receipt of a copy of this order.
iv) If any of the writ petitioners have not submitted their applications so far to seek their remedy, they are at liberty to submit their applications before the appropriate authority within a period of one week from the date of receipt of a copy of this order. This order is applicable only to the writ petitioners herein.
v) In the light of the aforesaid order, after receiving such applications from the writ petitioners, the authority concerned shall permit the writ petitioners to the forthcoming General Transfer Counselling for the academic
year 2019-20, if they are otherwise eligible."
5.In view of the above, this Court directs the respondents to extend the same benefit to the petitioners herein. Accordingly, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar lok To
1. The Principal Secretary to Government, The State of Tamil Nadu, Ariyalur District, Ariyalur - 621 653 Salem District, Salem 636 001
5. The Chief Educational Officer, Villupuram District, Villupuram - 605 602
6. The Chief Educational Officer, Dharmapuri District, Dharmapuri - 636 701
7. The Chief Educational Officer, Vellore District, Vellore - 635 001
8. The Chief Educational Officer, Cuddalore District, Cuddalore - 607 001
9. The District Educational Officer, Vaniyambadi, Vellore District - 635 751 10.The District Educational Officer, Virudhachalam, Cuddalore District - 606 001.
11.The Block Educational Officer, Pernambut Block, Vellore District, Vellore - 635 810.
12.The Block Educational Officer, Virudhachalam, Cuddalore District-606 001.
+1cc to M/s.C.Uma, Advocate, S.R.No.88447 +1cc to the Government Pleader, S.R.No.89675 W.P.Nos.30295 & 30302 of 2019 NRL(CO) CS/04/12/2019