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Madras High CourtWP(MD)/6407/2021disposed of

Vhnkuskv High School v. The Director Of School Education

2021-03-22Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) No.5008 of 2021 VHNKUSKV High School, Represented by its Secretary, D.Ramachandran, S/o. A.Dharmaraj, Vathuvarpatty-626 134, Aruppukottai Taluk, Virudhungar District.

...Petitioner

Vs.

1.The Director of School Education, DPI Campus, Chennai-6.

2.The Joint Director of School Education (Personnel), DPI Campus, Chennai-6.

3.The Chief Educational Officer, O/o. the Chief Educational Officer, Virudhunagar District.

4.The District Educational Officer, O/o. the District Educational Officer, Aruppukkottai, Virudhunagar District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.7073/Aa1/2019 dated 02.03.2020 on the file of the fourth respondent in so far as reducing one post of Secondary Grade Teacher in the petitioner's School and the consequential Impugned Order in Ni.Mu.No.8826/A4/2019 dated 13.11.2020 in so far as the condition No.1 and 2 is concerned and quash the same as illegal. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.N.Shanmugaselvam, Additional Government Pleader

O R D E R

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By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.According to the petitioner, the fourth respondent has inadvertently reduced the staff strength, when the students strength was increased from 79 to 82. The petitioner would submit that the school is entitled for three Secondary Grade Teacher and hence, the staff fixing order itself is erroneous.

3.Though the order fixing the staff strength has been put under challenge, the learned counsel for the petitioner would submit that he had made a representation on 20.01.2021 pointing out the anomaly and that he would be satisfied, if their representation is considered.

4.In the light of the submission made by the learned counsel for the petitioner, no interference is required in the present impugned order. Nevertheless, the fourth respondent herein shall consider the petitioner's representation dated 21.01.2021, on its own merits and pass appropriate orders in accordance with law, after duly considering the objections raised by the petitioner, at least within a period of twelve weeks from the date of receipt of a copy of this order.

5.Accordingly, this Writ Petition is disposed of . No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Director of School Education, DPI Campus, Chennai-6.

2.The Joint Director of School Education (Personnel), DPI Campus, Chennai-6.

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3.The Chief Educational Officer, O/o. the Chief Educational Officer, Virudhunagar District.

4.The District Educational Officer, O/o. the District Educational Officer, Aruppukkottai, Virudhunagar District +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-12873[F] dated 23/03/2021 ) +1 CC to M/s.SPL GP ( SR-13245[F] dated 24/03/2021 ) W.P.(MD) No.6407 of 2018 22.03.2021 GS (26.04.2021) 3P 7C 3/3