Madras High CourtWP(MD)/13195/2020disposed of

The Correspondent v. The State Of Tamilnadu

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)Nos.11053 & 11054 of 2020 The Correspondent, St.Mary's Higher Secondary School, Melpalai-629 152, Kanyakumari District.

... 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-600 006.

3.The Chief Educational Officer, Kanyakumari District at Nagercoil, Kanyakumari District-629 001.

4.The District Educational Officer, Thiruvattar, Kanyakumari 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 pertaining to the impugned Government order issued by the first respondent State 1/4

Government in G.O.Ms.No.238, School Education (Pa.Ka.6(1)) Department dated 13.11.2018 and the staff fixation settled by the third respondent CEO for the academic year 2018-2019 in Mu.Mu.No.12420/E2/2018 dated 26.12.2018 and the consequential proceedings in O.Mu.No.003338/E2/2019 dated 31.05.2019 insofar as rendering one posts of Junior Assistant and Scavenger cum Waterman as surplus, quash the same.

For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.J.Ashok Additional 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 petitions are closed. 08.02.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Secretary, Department of School Education, Fort St.George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Kanyakumari District at Nagercoil, Kanyakumari District-629 001.

4.The District Educational Officer, Thiruvattar, Kanyakumari District..

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G.R.SWAMINATHAN, J.

rmi 08.02.2023 4/4