Pandiyarajan.P v. The Directorate Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)Nos.895 & 896 of 2021 P.Pandiyarajan ... Petitioner Vs.

1.The Directorate of School Education, Nungampakkam, Chennai.

2.The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, Chinnachokkikulam, Goripalayam, Madurai - 625 002.

4.V.N.Sivakumar, The Secretary, Madurai Aruppukkottai Nadar Uravinmurai Girls Higher Secondary School Paribalana Sabai, No.3, Melathoppu, Keerathurai, Madurai.1.

5.S.Savithiri ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings in Na.Ka.No.5711/A4/2020 dated 28.12.2020 passed by the 2nd respondent read along with the impugned proceedings passed by the 4th respondent in Na.Ka.No.85/2020 dated 30.12.2020 and quash the same and pass such further or other orders.

For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.A.K.Manikkam, Standing Counsel for R1 to R3.

Mr.E.V.N.Siva Standing Counsel for R5.

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ORDER

The writ petitioner has filed the present writ petition before this Court challenging the impugned order dated 28.12.2020, wherein, on the surrendering of the post of Music Teacher by the fourthrespondent school, a transfer order was passed transferring the fifth-respondent from the fourth-respondent school to Sri Ramnallamani Yadava Girls, Thiruppalai.

2. On a perusal of the affidavit, it is seen that the petitioner has elaborately given the details about the constitution of fourth-respondent school, about its general body meetings, the several resolutions passed in such meetings, the filing and disposal of a civil suit, his selection as Secretary and his grievances about the functioning of the fourth respondent and ultimately stated that he is aggrieved by the impugned order passed by the second and fourth respondents. The petitioner has also given the entire details of the dispute between the parties concerned before the Civil Court and other proceedings. These facts are not germane to the issue involved in the present Writ Petition.

The order impugned in the present Writ Petition relates to a transfer made by the respondents, transferring the 5th respondent from the fourth-respondent-school to another school, in view of the fourthrespondent surrendering the post of Music Teacher. Though the fifth respondent has filed a writ petition before this Court in W. P. No. 83 of 2021 against the said order, she has agreed to join and continue in the transferred place.

3. In the present writ petition, the petitioner has not given any valid reason for challenging the aforesaid impugned order. The petitioner has not established as to how he is aggrieved either by the surrendering of the post of Music Teacher or consequently transferring of the 5th respondent from the fourth-respondent school to another school, particularly when the fifth-respondent, after having filed a Writ Petition, herself has ultimately agreed to join and continue at the transferred place. It is apparent that the petitioner has failed to establish his locus standi for filing the present Writ Petition and challenge the impugned order. In view of the fact that the petitioner has no locus standi to file the present Writ Petition, challenging the present impugned order, the Writ Petition is liable to be rejected. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, Connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Directorate of School Education, Nungampakkam, Chennai.

2.The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, Chinnachokkikulam, Goripalayam, Madurai - 625 002.

30.09.2021 RK/JC (08/11/2021) 3P 4C 3/3