The Correspondent, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.2385 of 2023 and W.M.P(MD)Nos.2165 and 2166 of 2023 The Correspondent, Bishop Heber Higher Secondary School, Teppakulam - 620 002, Tiruchirpplli District.
... Petitioner in W.P(MD)No.2386/2023 Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 009.
3.The Chief Educational Officer, Trichy, Trichy District.
4.The District Educational Officer, Trichy, Trichy District.
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5.The Correspondent, Sacred Heart Higher Secondary School, Ponmalaipatti, Trichy - 620 020.
6.S.Vinnarasu, B.T.Assistant (Tamil), Secred Heart Higher Secondary School, Ponmalaipatti, Trichy - 620 020. .... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the third respondent CEO in Na.Ka.No. 7300/A4/Aa4/2022 dated 25.01.2023, quash the same as illegal and void. For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For R1 to R-4 : Mr.S.Saji Bino, Special Government Pleader
ORDER
This writ petition has been filed to quash the impugned proceedings of the third respondent CEO in Na.Ka.No.7300/A4/Aa4/2022, dated 25.01.2023, as illegal and void.
2. The case of the petitioner is that the petitioner school is an aided 2/7
Minority Educational Institution, in which, one post of B.T., Assistant(Tamil) fell vacant on 19.02.2019 due to the transfer of one Mrs.J.Mary Vasuki. The petitioner school appointed a fully qualified person in the said post by name one Mrs.A.Mary Sheela. After appointment, the petitioner school forwarded a proposal on 19.03.2019, seeking approval of appointment for the purpose of disbursement of grant-in-aid towards salary. The fourth respondent has returned the said proposal on 05.06.2020 directing the school to resubmit the proposal enclosing the TET certificate for incumbent appointed and a certificate to the effect that there is no surplus post in any other school under the very same management. The petitioner school again resubmitted the proposal. Again the fourth respondent has returned the proposal vide order dated 17.06.
2022, directing to enclose the TET certificate for the incumbent appointed. Against which, a separate writ petition was filed. While being so, third respondent passed the impugned order, dated 25.01.2023, deputing the 6th respondent, who is serving in the fifth respondent school, in the petitioner school treating the above stated post as vacant post.
petitions with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that when a similar issue came up for consideration before a Division Bench of this Court in Secretary to Government and Others vs. Iruthaya Amali and another reported in 2021 SCC OnLine Mad 1285, an elaborate discussion was made, in Paragraph No.148, Clause(f) of the said decision, the procedure for deploying a Teacher was given and in violation of compendium schedule, the impugned order is passed, which is not sustainable one.
4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
5. Admittedly, in the resultant vacancy in the post of B.T., Assistant(Tamil), the petitioner school appointed a person. The said appointment was not approved. Challenging the same, the petitioner school has filed this writ petition.
6. This Court has perused the compendium schedule in paragraph 4/7
No.148(f) Clause-ix of the decision reported in 2021 SCC OnLine Mad 1285(referred to supra). A perusal of impugned order reveals that in compliance with the compendium schedule, the redeployment order is passed. Unless the appointment made by the petitioner school is approved, the petitioner cannot challenge the redeployment order passed. Further, the redeployment order is passed for the welfare of the student, which cannot be interfered with.
7. In the result, these writ petitions are dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. 07.02.2023 pm 5/7
To 1.The Secretary, State of Tamil Nadu, Represented by its Department of School Education, Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 009.
3.The Chief Educational Officer, Trichy, Trichy District.
4.The District Educational Officer, Trichy, Trichy District.
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M.DHANDAPANI,J.
pm 07.02.2023 7/7