Madras High CourtWP(MD)/3370/2020disposed of

The Secretary v. The State Of Tamilnadu

2023-02-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.11.2022 Pronounced on : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.2831, 2832, 2833 and 15696 of 2020 The Secretary, Sri Krishnayar Higher Secondary School, Seepalakottai Road, Chinnamanur, Theni District - 625 515.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. 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, Theni, Theni District.

4.The District Educational Officer, Uthamapalayam, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Government orders issued by the 1/4

1st Respondent State Government in G.O.Ms.No.238, School Education, (Pa.Ka.6(1) Department dated 13-11-2018 and the consequential proceedings issued by the 4th Respondent DEO in Na.Ka.No.4400/A3/2018 dated 24.12.2018 rejecting the proposal of approval of R.Manimuthupandian as Agriculture Colli w.e.f. 23.02.2018 based on G.O.Ms.No.238, quash the same and further direct the 3rd respondent CE) to approve the appointment of R.Manimuthupandian as Agriculture Colli w.e.f. 23.02.2018 in the petitioner school.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the validity of G.O.(Ms) No.238, School Education Department, dated 13.11.2018 and the consequential staff fixation made by the District Educational Officer. Vide order dated 07.02.2023 made in W.P.(MD)No.13428 of 2020, I had upheld the validity of G.O.(Ms) No.238, dated 13.11.2018. I also held that approval of appointments made prior to issuance of G.O.(Ms) No.238, dated 13.11.2018 will be considered on merits 2/4

and in accordance with law without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms) No.238, dated 13.11.2018 will be subject to the said Government Order. 3.This writ petition is disposed of on the same lines. No costs. Consequently, connected miscellaneous petitions are closed. 08.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

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

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

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

4.The District Educational Officer, Uthamapalayam, Theni District.

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G.R.SWAMINATHAN, J.

ias 08.02.2023 4/4