St.Aloysius Higher Secondary School, v. The Government Of Tamilnadu

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.11230 & 11232 of 2020 St.Aloysius Higher Secondary School, Rep. by the Correspondent, Kallikulam-627 113, Tirunelveli District.

... Petitioner Vs.

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

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

3.The Chief Educational Officer, Collector Office Campus, Kokkirakulam, Tirunelveli District-627 009.

4.The District Educational Officer, Govt. Hr.Sec.School Campus, Vallioor-627 117, Tirunelveli District.

... Respondents Prayer : Writ Petition 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 dated 13.11.2018 in G.O.Ms.No.238, 1/4

School Education (Pa.Ka.6(1) Department) on the file of the first respondent and the consequential impugned staff fixation for the year 2019-2020 dated 29.07.2020 in Na.Ka.No.302/AA3/2020 on the file of the third respondent holding one non-teaching post as surplus and quash the same directing the respondents to hold that one non-teaching post is not surplus in the petitioner school.

For Petitioner : Mr.Father Xavier Arulraj, Senior Counsel for M/s.V.John Kennedy For Respondents : Mr.R.Baskaran, Additional Advocate General assisted by Mr.N.Satheesh Kumar 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 SKM To 1.The Principal Secretary, Department of School Education, Fort St.George, Madras-600 009.

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

3.The Chief Educational Officer, The Office of the Chief Educational Officer, Collector Office Campus, Kokkirakulam Tirunelveli District-627 009.

4.The District Educational Officer, The Office of the District Educational Officer, Govt. Hr.Sec.School Campus, Vallioor-627 117, Tirunelveli District.

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G.R.SWAMINATHAN, J.

SKM 08.02.2023 4/4