The Secretary v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.5263 of 2023 The Secretary Karapettai Nadar Higher Secondary School, Thoothukudi, Thoothukudi District 628 001.
... Petitioner Vs.
1.The Director of School Education, College Road, Chennai 600006.
2.The Joint Director of School Education, (Secondary), College Road, Chennai-600 006.
3.The Chief Educational Officer, Thoothukudi, Thoothukudi District.
4.The District Educational Officer, (secondary) Thoothukudi, Thoothukudi District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings issued by the fourth respondent District Educational 1/4
Officer in Na.Ka.No.3066/A3/2022, dated 07.03.2023 and quash the same. For Petitioner : Mr.Isaac Mohanlal Senior Counsel for Mr.K.Ragatheesh Kumar For Respondents : Mr.N.Satheeshkumar Additional Government Pleader
ORDER
Heard the learned senior counsel for the petitioner- management and the learned Additional Government Pleader for the department.
2. The management questions the impugned order whereby the school has been brought under direct payment system. As per Annexure 3(ii) of the Tamil Nadu Private Schools (Regulation) Rules, 1974, under special circumstances, the District Educational Officer concerned may make direct payment to the Headmaster of a school or to the teachers of a school.
3. The authority was constrained to issue the impugned proceedings because the management had not complied with the direction to issue relieving order in favour of one Tamil Mani who was a teaching staff in the school. When the matter was taken up for hearing, the learned senior counsel appearing for the management / petitioner submitted that relieving orders will be issued in favour of Shri.Tamil Rajan as well as Thiru.Tamil Mani by tomorrow itself.
2/4
4. In view of the aforesaid submission made by the learned senior counsel, the cause of action that led to the issuance of the impugned order no longer survives. Hence, it is quashed. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 21.03.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Director of School Education, College Road, Chennai 600006.
2.The Joint Director of School Education, (Secondary), College Road, Chennai-600 006.
3.The Chief Educational Officer, Thoothukudi, Thoothukudi District.
4.The District Educational Officer, (secondary) Thoothukudi, Thoothukudi District.
3/4
G.R.SWAMINATHAN, J.
rmi 21.03.2023 4/4