Thiagarajar Model Higher Secondary School v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 03.11.2022 DELIVERED ON : 08.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.7897 & 7898 of 2020 Thiagarajar Model Higher Secondary School, Theppakulam-625 009, Madurai District, Represented by its Secretary.

... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Secretariat, Chennai.

2.The Director of School Education, DPI Compound, College Road, Chennai.

3.The Chief Educational Officer, Madurai.

4.The District Educational Officer, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Government order No.238 dated 13.11.2018 1/4

passed by the first respondent and the impugned staff fixation order in Na.Ka.No.11042/E1/2018 dated 02.01.2019 issued by the third respondent insofar as holding the post of Sweeper as surplus and the consequential impugned order passed by the fourth respondent in Na.Ka.No. 2476/Aa4/2019 dated 01.08.2019 and quash the same as illegal and consequently direct the respondents to grant permission to fill up the post of Sweeper lying vacant in the petitioner School within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.Shaji Bino Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is a minority institution. 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 Chief Educational Officer. Vide order dated 07.02.2023 made in W.P.(MD)No. 13428 of 2020, I upheld the validity of G.O.(Ms)No.238, dated 13.11.2018. 2/4

I had 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 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. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Btr To 1.The Principal Secretary, The State of Tamil Nadu, Department of School Education, Secretariat, Chennai.

2.The Director of School Education, DPI Compound, College Road, Chennai.

3/4

G.R.SWAMINATHAN, J.

Btr 3.The Chief Educational Officer, Madurai.

4.The District Educational Officer, Madurai District.

Pre-delivery Order made in 08.02.2023 4/4