S.Kumar v. The State Of Tamilndau,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH & W.M.P.No.32801 of 2023 S.Kumar
...Petitioner
Vs
1. The State of Tamil Nadu Rep. By its Principal Secretary to Government School Education Department Secretariat, Fort St.George Chennai - 600 009
2. The Director of School Education DPI Campus, College Road Chennai - 600 006
3. The Chief Educational Officer Villupuram
4. The District Educational Officer (Secondary) Tindivanam Educational District
5. The Secretary 1/6
Tindivanam - 604 304
6. S.Baskaran B.T. Assistant (Science) Tindivanam - 604 304
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to pass orders on the representation submitted by the petitioner for revocation of deployment order issued in Na.Ka.No.10177/A1/2022 dated 09.06.2023 by the 3rd respondent by taking into consideration of English medium students strength for staff fixation in the 5th respondent school and by considering the petitioner's station seniority in the cadre of B.T.Assistant with effect from 01.06.2002 based on B.Ed., qualification and in accordance with G.O.Ms.79 School Education Department dated 14.06.2002 within a time frame to be fixed by this Court. For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.P.Ganesan Government Advocate for Respondents 1 to 4
ORDER
With the consent of both sides, the writ petition was taken up for final disposal at the admission stage itself. 2/6
2. Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner, and Mr.P.Ganesan, learned Government Advocate for Respondents 1 to 4.
3. The petitioner herein had given a representation to the fifth respondent on 19.06.2023 for revocation of deployment order dated 09.06.2023 issued by the 3rd respondent by taking into consideration the strength of English medium students in the 5th respondent school and by considering the petitioner's station seniority in the cadre of B.T.Assistant and his B.Ed., qualification and also in accordance with G.O.Ms.79 School Education Department dated 14.06.2002. Since the said representation was not considered by the respondents, the present writ petition has been filed.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would 3/6
amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the fifth respondent herein to consider the petitioner's representation dated 05.07.2022, on its own merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 23.11.2023 (1⁄2) Index:Yes/No Speaking order/Non-speaking order gpa 4/6
To Principal Secretary to Government School Education Department Secretariat, Fort St.George Chennai - 600 009
2. The Director of School Education DPT Campus, College Road Chennai - 600 006
3. The Chief Educational Officer Villupuram
4. The District Educational Officer (Secondary) Tindivanam Educational District
5. The Secretary Tindivanam - 604 304
6. S.Baskaran B.T. Assistant (Science) Tindivanam - 604 304 5/6
M.S.RAMESH,J.
gpa 23.11.2023 6/6