St.Johns Higher Secondary v. The Secretary To The Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2018
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI Writ Petition (MD).Nos.440 and 450 of 2018 and W.M.P.(MD)Nos.432, 433, 446 and 447 of 2018 St.Johns Higher Secondary School, Rep by its Correspondent, P. Jebamani, Palayamkottai, Tirunelveli District.
... Petitioner in W.P.(MD)No.440 of 2018 St.Peter's Higher Secondary School, Rep by its Correspondent, J. Peter John, Ukkirankottai, Tirunelveli District.
... Petitioner in W.P.(MD)No.450 of 2018 Vs.
1. The Secretary to the Government, Government of Tamil Nadu, School Education (C2) Department, Fort St. George, Chennai.
2. The Director of School Education, DPI Compound, College Road, Nungampakkam, Chennai.
3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.
4. The District Educational Officer, Tirunelveli District, Tirunelveli.
... Respondents in W.P.(MD)Nos.440 and 450 of 2018
Prayer in W.P.(MD)No.440 of 2018 : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned staff fixation report issued by the third respondent for the academic year 2017-2018 in Na.Ka.No.7510/A2/2017 dated 26.09.2017 in so far as classes VI to VII and consequential impugned order in Na.Ka.No.7510/A2/2017 dated 30.11.2017 in so far as serial no.2 and quash the same as illegal and further direct the respondents to refix the staff strength as per the Full Bench judgment reported in 2006(5) CTC 385 within stipulated.
Prayer in W.P.(MD)No.450 of 2018 : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned staff fixation report issued by the third respondent for the academic year 2017-2018 in Na.Ka.No.7510/B2/2017 dated 27.09.2017 in so far as classes VI to VIII and consequential impugned order in Na.Ka.No.7510/B2/2017 dated 30.11.2017 in so far as serial no.2 and quash the same as illegal and further direct the respondents to refix the staff strength as per the Full Bench judgment reported in 2006(5) CTC 385 within stipulated.
For Petitioners (in both W.P.s): Mr.S.Chellapandian For Respondents : Mr.B.Pugalandhi, (in both W.P.s) Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader COMMON ORDER (Order of the Court was made by T.S.SIVAGNANAM, J) Heard Mr.S.Chellapandian, learned counsel appearing for the petitioners and Mr.B.Pugalandhi, learned Additional Advocate General assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents. 2.The petitioners have challenged the order passed by the third respondent deploying the teachers working in their School along with the post to another needy School. The petitioner are the managements which had appointed the said teachers and it is submitted that there is sufficient students strength and order of the redeployment is bad in law. At the point when the writ petitions were entertained, an order of status quo was granted. Therefore, the petitioner Managements sought to proceed with the writ petition.
3.The learned Additional Advocate General appearing for the respondents submitted that both the teachers, who were appointed by the petitioners School, have joined in the deployed post on
15.03.2018. The report to the said effect has been filed by the Chief Educational Officer, Tirunelveli.
4.In the light of the same, the challenge to the order by deployment does not any longer survive. Accordingly, the writ petitions stand disposed of. No Costs. Consequently, W.M.P.(MD) Nos.432, 433, 446 and 447 of 2018 are closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The Secretary to the Government, Government of Tamil Nadu, School Education (C2) Department, Fort St. George, Chennai.
2. The Director of School Education, DPI Compound, College Road, Nungampakkam, Chennai.
3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.
4. The District Educational Officer, Tirunelveli District, Tirunelveli.
+ 2 ccs TO Mr.S.Chellapandian , Advocate in SR No. 57024,57028 + 1 cc TO The Special Government Pleader in SR No. 56925,56926 Mrn AE/SV MMS/SAR1/27.04.2018/3P/8C Writ Petition (MD).Nos.440 and 450 of 2018 20.03.2018