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Madras High CourtWP(MD)/15273/2019disposed of

P.Sornakani v. The State Of Tamilnadu,

2019-08-27Honourable Mr Justice D. Krishnakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Monday, the Eighth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR WP(MD). Nos.15273, 15301, 15304, 15318, 15319 and 15347 of 2019

1. P.Sornakani ... Petitioner in WP(MD). 15273/ 2019

2. P.Susila, ... Petitioner in WP(MD). 15301/ 2019

3. B.Thinesh Kumar ... Petitioner in WP(MD). 15304/ 2019

4. M.Subramanian ... Petitioner in WP(MD). 15318/ 2019

5. G.Geetha ... Petitioner in WP(MD). 15319/ 2019 6.Mukesh ... Petitioner in WP(MD). 15347/ 2019 - Vs. - 1.The State of Tamil nadu, Rep. by its Principal Secretary, School Education, Fort St. George, Chennai - 600 009. 2.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

3.The Joint Director of School Education (Personnel), O/o. the Joint Director of School Education (Personnel), DPI Campus, Chennai - 6 4.The Chief Educational Officer O/o. the Chief Educational Officer, Tirunelveli, Tirunelveli District ... Respondent(s) in WP(MD). 15273/ 2019 1.The Secretary, State Government of Tamil Nadu, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009. 2.The Director of School Education, Directorate of School Education, College Road, Chennai - 600 006.

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

4.The District Educational Officer, O/o. the District Educational Officer, Devakottai, Sivagangai District.

... Respondent(s) in WP(MD). 15301/ 2019

1.The Secretary, State Govt., of Tamilnadu, Department of School Education, Secretariat, Fort.St.George, Chennai-9.

2.The Director of School Education, Directorate of School Education, College Road, Chennai-6 3.The Chief Educational Officer, Dindigul District.

4.The District Educational Officer, Vathalagundu, Dindigul District.

... Respondent(s) in WP(MD). 15304/ 2019 1.The State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Chennai 2.The Director of School Education, Chennai - 6 3.The Joint Director (Higher Secondary), Chennai - 6 4.The Chief Educational Officer Virudhunagar District.

... Respondent(s) in WP(MD). 15318/ 2019 1.The State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Chennai.

2.The Director of School Education, Chennai - 6 3.The Joint Director (Higher Secondary), Chennai - 6

4. The Chief Educational Officer, Virudhunagar District. ... Respondent in WP(MD). 15319/ 2019 1.The State of Tamilnadu, Rep by its Principal Secretary, Department of School Education, Fort St.George, Cehnnai 2.The Director of Elementary Education, College Road, Chennai.

3.The Chief Educational Officer Sivagangai District.

... Respondent(s) in WP(MD). 15347/ 2019

Prayer in WP(MD). 15273/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified mandamus to call for the records pertaining to the impugned Government order in G.O.(1D).No.218 School Education (Pa.Ka.5(1)) Department dated 20.06.2019 on the file of the Respondent No.1 and quash the same as illegal in so far as condition No. 9(i) and the omission of relaxation available to the physically disabled candidates and consequently for a direction, directing the respondents to permit the petitioner to participate in the General Transfer counselling for the year 2019-2020 in accordance with the Government Order in G.O(1D) No. 256, School Education Department dated 19.04.2017 by way of granting relaxation in view of the petitioner's ortho disability.

Prayer in WP(MD). 15301/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified mandamus to call for the records pertaining to the impugned Government order in G.O.(1D).No.218 School Education Department dated 20.06.2019 on the file of the Respondent No.1 and quash the same as illegal to the extent of demanding for three years of service at the present station as on 01.06.2019 as the requirement for participating in the forthcoming Teachers General Transfer counselling 2019-2020 and consequently to direct the respondent to permit the petitioner to participate in the Teachers General Transfer Counseling 2019-2020.

Prayer in WP(MD). 15304/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in G.O.Ms.(1D) NO.218, School Education (Pa.Ka.5(1)) Dept., dated 20/06/2019 on the file of the Respondent NO.1 and quash the same as illegal to the extent of demanding for three years of service at the present station as on 01/06/2019 as the requirement for participating in the forthcoming Teachers General Transfer Counseling 2019-2020 and consequently to direct the respondent to permit the petitioner to participate in the Teachers General Transfer Counselling 2019-2020.

Prayer in WP(MD). 15318/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 1st respondent in his proceedings in G.O.(1D). No.218, School Education (Pa.Ka.5(1) Department dated 20.06.2019 in

so far as the condition 9(i) is concerned and quash the same and direct the respondents to permit the petitioner to participate in the counselling on 10.07.2019 or subsequent dates for P.G. Assistant (commerce), by accepting the petitioners application dated 27.06.2019 so as to enable him to get transfer. Prayer in WP(MD). 15319/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 1st respondent in his proceedings in G.O.(1D). No.218, School Education (Pa.Ka.5(1) Department dated 20.06.2019 in so far as the condition 9(i) is concerned and quash the same and direct the respondents to permit the petitioner to participate in the counselling on 10.07.2019 or subsequent dates for P.G. Assistant (Zoology), by accepting the petitioners application dated 26.06.2019 so as to enable him to get transfer. Prayer in WP(MD). 15347/ 2019 :

Writ Petition is 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 impugned G.O.Ms.No.218 (school Education (Pa.Ka.(1) Department, dated 20.06.2019 issued by the 1st respondent State Government, and quash the same insofar clause 9(iv) and consequently permit the petitioner to participate in the General Counseling scheduled to commence on 09.07.2019 or any subsequent dates. To THE DIRECTOR OF SCHOOL EDUCATION, O/O. THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, CHENNAI - 6.

OR THE JOINT DIRECTOR OF SCHOOL EDUCATION O/O. THE JOINT DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS CHENNAI - 6.

Through THE SPECIAL GOVERNMENT PLEADER, O/o THE SPECIAL GOVERNMENT PLEADER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Whereas it is expedient in the interest of justice that the personal appearance of the aforesaid Respondents, is necessary before the Madurai Bench of Madras High Court, Madurai at 10.30 A.M on Tuesday, the Ninth day of July, Two Thousand and Nineteen (09/07/2019) to clarify before this Court for permitting the petitioners in all these writ petitions to participate in the General Counseling to the post of Head Master of High School or Higher Secondary School.

In this connection you, namely THE DIRECTOR OF SCHOOL EDUCATION, O/O. THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, CHENNAI - 6.

OR THE JOINT DIRECTOR OF SCHOOL EDUCATION O/O. THE JOINT DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS CHENNAI - 6.

be and hereby are directed to appear in person before the Madurai Bench of Madras High Court, Madurai at 10.30 a.m on 09/07/2019 to clarify before this Court for permitting the petitioners in all these writ petitions to participate in the General Counseling to the post of Head Master of High School or Higher Secondary School. HEREIN FAIL NOT, WITNESS the Honourable Tmt. VIJAYA KAMLESH TAHILRAMANI, The Chief Justice of the High Court of Judicature at Madras on 08/07/2019. ASSISTANT REGISTRAR(T&P) ORDER DATED : 08/07/2019 HEARING DATE : 09/07/2019 ========================== SUMMONS ========================== WP(MD). Nos.15273, 15301, 15304, 15318, 15319 and 15347 of 2019 TR (08.07.2019) 5P 4C