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Madras High CourtWMP/37436/2025dismissed

D.Sahila Jancy, v. C.S.I.Higher Secondary School For The Deaf

2025-09-16Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR D.Sahila Jancy, w/o.Mukesh Devan, 7/311, TTK Nagar, Pozhichalur, Chennai-74.

Petitioner(s) Vs

1. C.S.I.Higher Secondary School for the Deaf Mylapore, Chennai 600004.

Rep By Correspondent, C.Joseph Mohan 2.The State Commissioner / Director for the Welfare of the Differently Abled Lady Willington College Campus, Kamarajar Salai, Chennai-05.

3.The District Welfare Officer for Differently Abled DMS Compound, Anna Salai, Teynampet, Chennai-600 006.

Respondent(s)

PRAYER This writ miscellaneous petition has been filed under Article 226 of the Constitution of India to clarify the order passed in W.P. No. 17932 of 2022 dated 09.08.2023 insofar "it is made clear that it is open to the 1st respondent to pass an order transferring the petitioner from the petitioner school to any other school run by the management" . For Petitioner(s):

J.Selvarajan For Respondent:

Mr. S. Neduchezhiyan for R1 Mr V.Manoharan, Addl.Govt. Pleader for R2 and R3 ORDE R This writ miscellaneous petition has been filed by the petitioner/third respondent seeking clarification of the order dated 09.08.2023 passed in W.P. No.17932 of 2022.

2. The learned counsel for the petitioner would submit that this Court, by its order dated 09.08.2023, while dismissing the writ petition filed by the first respondent, directed the first respondent/writ petitioner to reinstate the petitioner/third respondent. At the same time, this Court also made clear that it would be open to the second respondent/first respondent to pass appropriate orders transferring the petitioner from the school run by the said management.

3. The learned counsel for the petitioner further submitted that there is, in fact, no other similar school available under the management of the first respondent/writ petitioner within the State of Tamil Nadu. Therefore, seeking clarification the present miscellaneous petition has been filed.

4. Heard the learned counsel appearing for the first respondent and the learned Additional Government Pleader appearing for the respondents 2 and 3.

5. On a careful consideration of the submissions and the records, this Court is of the opinion that reinstatement of the petitioner has already been ordered. When a proposal was made for the transfer of the petitioner, the same was also dealt with and clarified in the said order. Therefore, merely because, the petitioner is not satisfied with certain observations made by this Court in the order, the same cannot be a ground for seeking further clarification. Furthermore, the order has been passed on 09.08.2023 itself. Clarification is not a matter of right and hence, this petition cannot be entertained. Hence, I do not find any merit in this petition.

6. Accordingly, this Writ Miscellaneous Petition stands dismissed. 16-09-2025 mrp

To

1. The Correspondent, C.S.I.Higher Secondary School for The Deaf, Mylapore Chennai 600004.

2.The State Commissioner /Director for the Welfare of the Differently Abled Lady Willington College Campus, Kamarajar Salai, Chennai-05.

3.The District Welfare Officer For Differently Abled DMS Compound Anna Salai, Teynampet, Chennai-06.

N.SATHISH KUMAR J.

mrp 16-09-2025