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Madras High CourtWP/31715/2019disposed of

K.Arul v. The State Of Tamil Nadu

2019-11-13Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.31919, 31920, 31922, 31926, 31927 and 31928 of 2019 K.Arul, Head Master, Government High School, Karumanchirai, Kunnathur Post - 638 103.

...Petitioner in W.P.No.31715 of 2019

K.Samiyathal, Head Mistress, Government High School, Pooluvapatti,

...Petitioner in W.P.No.31719 of 2019

vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary, School Education Department, Fort.St.George, Chennai - 600 009.

2.The Director of School Education, Nungambakkam, Chennai-6.

3.The Joint Director of School Education Department (Personal), College Road, Nungambakkam, Chennai.

4.The Joint Director of School Education Department (Higher Secondary), College Road, Nungambakkam, Chennai.

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5.The Chief Educational Officer, O/o the Chief Educational Office,

...Respondents in both WPs

Common Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Certiorarified Mandamus, for the records relating to the impugned order passed by the 1st respondent vide G.O.(1D)No.218 School Education Pa.Ka.5(1) Department dated 20.06.2019 and quash the same as illegal in so far as it relates to clause 9(i) is concerned and consequently to direct the respondents to allow the petitioner to take part in the transfer counseling scheduled to be fixed by the respondents in conformity with G.O.1D No.256 School Education Department dated 19.04.2017 within the period that may be stipulated by this Court.

For Petitioners in both WPs : Mr.S.Nambi Arooran For Respondents in both WPs : Ms.P.Kavitha Government Advocate COMMON ORDER These writ petitions have been filed by the petitioners to quash the impugned order passed by the first respondent vide G.O.(1D)No.218 School Education Pa.Ka.5(1) Department dated 20.06.2019 as illegal in so far as it relates to clause 9(i) is concerned and consequently to direct the respondents to allow the petitioners to take part in the transfer counseling scheduled to be fixed by the respondents in conformity with G.O.1D No.256 School Education Department dated 19.04.2017 within the period that may be stipulated by this Court.

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2.The learned counsel appearing for the petitioners would submit that the petitioners filed writ petitions challenging G.O.No.218 School Education Pa.Ka.5(1) Department dated 20.06.2019. Earlier occasion similar type of issue came up before the Madurai Bench of Madras High Court wherein Madurai Bench of Madras High Court has issued certain guidelines and awarded some benefits to the petitioners to participate in the general counselling. Accordingly, the petitioners filing W.P.Nos.31715 and 31719 of 2019 and the matter was came up today before this Court in order to avail such benefits. Hence, he prayed for similar orders in these writ petitions.

Further, he would submit that the direction was issued to all the Chief Educational Officers, if the petitioners/Head Masters whoever informing the writ petition numbers are allowed to participate in the general counselling. Accordingly, the petitioners are allowed to participate in the general counselling and they are waiting yet to participate in the counselling. 3.Per contra, the learned Government Advocate appearing for the respondents would submit that the counselling date already fixed on 12.11.2019 and the notification was issued on 08.11.2019 itself for the post of Head Masters. Further, she would submit that the general counselling already commenced and completed.

4.Considering the facts and circumstances, the notification was announced on 08.11.2019 and the general counselling to be held on 12.11.2019 and the said counselling commenced and completed. Instead of approaching earlier, the petitioners are approaching this Court at the 11th hour for the reasons best known to them and the same cannot be considered now. Accordingly, these Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

12.11.2019 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order pam 4/6

To 1.The Principal Secretary, School Education Department, Fort.St.George, Chennai - 600 009.

2.The Director of School Education, Nungambakkam, Chennai-6.

3.The Joint Director of School Education Department (Personal), College Road, Nungambakkam, Chennai.

4.The Joint Director of School Education Department (Higher Secondary), College Road, Nungambakkam, Chennai.

5.The Chief Educational Officer, O/o the Chief Educational Office, 5/6

M.DHANDAPANI, J.

pam 12.11.2019 6/6