National Aided Higher Secondary School v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH National Aided Higher Secondary School Mannargudi, Thiruvarur District.
represented by its Secretary/Correspondent, R.Viswanathan ... Petitioner in both W.Ps.
Vs.
1. The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Thiruvarur, Thiruvarur District.
4. The District Educational Officer, Thiruvarur, Thiruvarur District.
... Respondents in both W.Ps.
W.P.No.31036 of 2024 Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to consider and pass orders on the representation of the 1/6
petitioner dated 02.01.2024 and the reminder dated 29.07.2024 seeking deployment of any surplus physical education teacher to the petitioner school or grant prior permission to fill up the vacant physical education teacher post forthwith.
W.P.No.31037 of 2024 Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to consider and pass orders on the representation of the petitioner dated 02.01.2024 and the reminder dated 29.07.2024 seeking deployment of two surplus B.T Assistant English Teachers to the petitioner's school or grant prior permission to fill up the two vacant posts of B.T.Assistant English forthwith.
For Petitioner : Mr.P.Ebenezer Paul [in both W.Ps.] For Respondents : Mrs.S.Mythreye Chandru [in both W.Ps.] Special Government Pleader ***** COMMON ORDER The issue involved in these writ petitions are common and hence, they are taken up together, heard and disposed of through this common order.
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2. These writ petitions have been filed by the school seeking issuance of a writ of mandamus directing the third respondent to consider and pass orders on the representation made by the petitioner seeking for deployment of surplus physical education teacher/two surplus B.T.Assistant (English) teachers to the petitioner school or in the alternative to grant permission to the petitioner to fill up the vacant posts.
3. The grievance expressed by the petitioner school is that the post of physical education teacher and two posts of B.T.Assistant (English) teachers are lying vacant and these are sanctioned posts. The petitioner has been requesting the third respondent to either deploy surplus teachers in these vacancies or permit the petitioner school to fill up the vacancies. Since the representations did not evoke any response, these writ petitions have been filed before this Court.
4. Heard Mr.P.Ebenezer Paul, learned counsel for petitioner and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for respondents.
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5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court and also the grievance expressed by the petitioner, there shall be a direction to the third respondent to deal with the representation made by the petitioner on 02.01.2024 and the reminder dated 29.07.2024 and either deploy surplus physical education teacher/surplus B.T.Assistant teachers (2 numbers) or permit the petitioner to fill up the vacant posts. A decision shall be taken by third respondent in this regard within a period of four (4) weeks from the date of receipt of a copy of this order.
These writ petitions are disposed of with the above direction. No costs.
29.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.
2. The Director of School Education, College Road, Chennai - 600 006.
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3. The Chief Educational Officer, Thiruvarur, Thiruvarur District.
4. The District Educational Officer, Thiruvarur, Thiruvarur District.
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N.ANAND VENKATESH, J gm 29.10.2024 6/6