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Madras High CourtWP/31819/2019dismissed

Tamilselvan v. The State Of Tamil Nadu

2019-11-12Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31819 of 2019 and W.M.P.Nos.32055 and 32056 of 2019 Tamilselvan

...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, Chennai - 600 006.

3.The Chief Educational Officer, Erode, Erode District.

...Respondents

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 G.O.(1D).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 Madras High Court dated 27.08.2019 in W.P(MD).No.14188 of 2019 and connected writ petition. For Petitioner : Mr.V.Sakkarapani For Respondents : Ms.P.Kavitha Government Advocate

ORDER

The writ petition has been filed by the petitioner to quash G.O.(1D).No.218, School Education (Pa.Ka.5(1)) Department, dated 1/3

20.06.2019 issued by the first respondent 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 Madras High Court dated 27.08.2019 in W.P(MD).No.14188 of 2019 and connected writ petition.

2.The learned counsel appearing for the petitioner would submit that the petitioner filed writ petition 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 petitioner filing W.P.No.31819 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 this writ petition.

3.Per contra, the learned Government Advocate appearing for the respondents would submit that the counselling date already fixed on 13.11.2019 and 14.11.2019 and the notification was issued on 08.11.2019 itself for the post of PG Assistants. 4.Considering the facts and circumstances, the petitioner was appointed in the year 2017 and not even completed the probation. Hence, the prayer sought for in the writ petition cannot be considered by this Court. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pam To 1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2/3

2.The Director of School Education, Directorate of School Education, Chennai - 600 006.

3.The Chief Educational Officer, Erode, Erode District.

+1cc to Government Pleader SR.NO. 94593 W.P.No.31819 of 2019 sj(co) nr 18/12/2019 3/3