Madras High CourtWA(MD)/353/2022allowed

M.Palpandi v. The Commissioner Of School Education

2022-04-27Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A(MD)Nos. 353 of 2022 and C.M.P.(MD) No. 3479 of 2022

1. M.Palpandi, Deputy Inspector of Schools, District Educational Office, Palani, Dindigul District.

2. K.Venkatesan, Deputy Inspector of Schools, District Educational Office, Periyakulam, Theni District....Appellants No.1 & 2/ Writ Petitioners No. 3 & 4

3. R.Venkatraman, Deputy Inspector of Schools, District Educational Office, Thuckalay, Kanyakumari District.

4. A.Iyappan, Deputy Inspector of Schools, District Educational Office, Thuckalay, Kanyakumari District....Appellants No.3 & 4/ Writ Petitioners No. 6 & 7 5.Y.L.Rajamohan Deputy Inspector of Schools, District Educational Office, Kuzhidurai, Marthandam Post, Kanyakumari District.

6. S.George Benet, Deputy Inspector of Schools, District Educational Office, Nagercoil, Kanyakumari District. ...Appellants No.5 & 6/ Writ Petitioners No. 8 & 9 Vs 1.The Commissioner of School Education, O/o. Commissioner of School Education, Nungambakkam, Chennai.

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2.The Joint Director of School Education (Personnel), O/o. The Joint Director of School Education, Chennai - 600 006.

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

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

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

6.The Chief Educational Officer, Kanyakumari District, Kanyakumari.

7.The Chief Educational Officer, Ramanathapuram District, Ramanathapuram.

... Respondents 1 to 7/ Respondents 1 to 7 (formal respondent notice may be dispense with for the respondent No.7 No relief is sought for against them) 8.O.Selvam 9.S.Sivakumar

...Respondents No. 8 & 9/

Writ Petitioners No.1 & 2 10.M.Indira

...Respondent No.10/

Writ Petitioner No.5 11.S.Jeyaram 12.R.Sureshkumar

...Respondents No. 11 & 12/

Writ Petitioners No.10 & 11 13.M.Ananth

...Respondent No.11/

Writ Petitioner No.12 (formal respondent notice may be dispense with for the respondent No.8 to 13 No relief is sought for against them) PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the common order dated 04.03.2022 recorded on W.P.(MD) No. 429 of 2022.

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Prayer in WP(MD). 429 of 2022 :

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 order passed by the 2nd respondent in is proceedings Na/Ka/No.69836/C2/E1/2021 dated 06.01.2022 and quash the same as illegal.

For Appellant : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 to 7

JUDGMENT

[Delivered by PARESH UPADHYAY, J.]

1. This appeal arises from the order of learned Single Judge which was the subject matter of group of appeals being W.A.(MD) Nos.254 & 255 of 2022. Since the order under challenge is not only identical but the same, no different view needs to be taken.

2. This Writ Appeal is allowed in above terms. 2.1 The impugned order of learned Single Judge is quashed and set aside.

2.2 The writ petition is allowed and the impugned order in writ petition i.e. the general directions contained in order dated 06 January 2022 is quashed and set aside.

3. No costs. Consequently, connected miscellaneous petition would not survive.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) rm/65 To 1.The Commissioner of School Education, O/o. Commissioner of School Education, Nungambakkam, Chennai.

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