Govindasamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31036 of 2019 and WMP.Nos.31134 & 31136 of 2019 Govindasamy .. Petitioner vs.
1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009 2.The Director of School Education Directorate of School Education College Road, Chennai-600 006 3.The Chief Educational Officer, Dharmapuri Dharmapuri District.
..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other writ, order or direction, calling for the records relating to G.O.(ID).No.218, School Education (Pa.Ka.5 (1)) Department, dated 20.06.2019 issued by the 1st respondent and quash the same in so far as Clause 9 (i) is concerned and consequently direct the respondents to permit the petitioner 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 and pass orders.
For Petitioner : Mr.V.Sakkarapani For Respondents : Mr. C. Munusamy, Spl GP for Education 1/4
ORDER
The petitioner, Headmaster has filed this present writ petition challenging the G.O.(ID).No.218, School Education (Pa.Ka.5(1)) Department, dated 20.06.2019 issued by the 1st respondent and quash the same in so far as Clause 9 (i) is concerned and consequently direct the respondents to permit the petitioner 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. Challenging the Scheme framed in the above said G.O. the present writ petition has been filed.
2. The learned counsel for the petitioner would submit that challenging the very same G.O., writ petition 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 this writ petition also.
3. The learned Government Advocate 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.
4. This Court also perused the above decision and heard the submissions made on either side. The very same prayer has been dealt with in the batch of writ petitions in W.P.Nos.14188 of 2019 and etc batch dated 27.08.2019 by the Madurai Bench of this Court. 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 2/4
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."
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In view of the above, this Court directs to extend the same benefit to the petitioner herein.
Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Principal Secretary to Government, State of Tamil Nadu School Education Department, Fort St. George, Chennai-600 009 2.The Director of School Education Directorate of School Education College Road, Chennai-600 006 3.The Chief Educational Officer, Dharmapuri Dharmapuri District.
+1 cc to M/s.V.Sakkarapani,Advocate Sr.No. 91329 +1 cc to The Government Pleader Sr.No.92481 AKM/09.12.19/4P- 6C / W.P.No.31036 of 2019 and WMP.Nos.31134 & 31136 of 2019 4/4