Madras High CourtWP(MD)/11897/2019disposed of

The Correspondent v. The State Of Tamil Nadu

2023-02-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.11.2022 Pronounced on : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8993 of 2019 The Correspondent, Holy Family Girls Higher Secondary School, Gnanaolivupuram, Madurai - 625 016.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 009.

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

4.The District Educational Officer, Madurai - 625 016, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Government Order issued by the 1st respondent State 1/4

Government in G.O.Ms.No.238, School Education (Pa.Ka.6(1) Department dated 13.11.2018 and the consequential staff fixation settled by the 3rd respondent CEO for the academic year 2018-2019 in Na.Ka.No.11042/E1/2018 dated 02.01.2019 (received on 26.04.2019), in so far as rendering single post of Record Clerk as surplus is concerned, quash the same.

For Petitioner : Ms.A.Amala For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. 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. 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 2/4

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. No costs. Consequently, connected miscellaneous petition is closed. 08.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 009.

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

4.The District Educational Officer, Madurai - 625 016, Madurai District.

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G.R.SWAMINATHAN, J.

ias 08.02.2023 4/4