T.S.M.High School v. The Joint Director Of School Education (Secondary)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD)No. 11787 of 2024 T.S.M. High School, Rep. by its Secretary, T.Sevanthilingam ... Petitioner Vs.
1.The Joint Director of School Education (Secondary) DPI Compound, College Road, Chennai.
2.The Chief Educational officer, Trichy District, Trichy.
3.The District Educational Officer (Secondary) Trichy District, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, call for the records relating to the staff fixation order for the year 2023-2024 made in R.C No.6718/A4/84/2023 dated 18.11.2023 passed by the 2nd respondent so far as declaring history (Social Science) teacher as surplus with 1/5
person and consequential order of deployment passed by the 1st respondent made in Na.Ka.No. 6718/A4/2023 dated 30.06.2024 deploying M.Dhanaraj (History teacher) from the petitioner's School to K.A.P Visvanatham Higher Secondary School, Thilai Nagar, Trichy. For Petitioner : Mr.N.Shanmugaselvam For Respondents : Mr.M.Siddharthan Additional Government Advocate
O R D E R
Heard Mr.N.Shanmugaselvam, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Advocate for the respondents.
2. The petitioner who is aggrieved due to the staff fixation for the year 2023-2024 made in R.C No.6718/A4/84/2023 dated 18.11.2023 has filed this Writ Petition challenging the same, so far as declaring history (Social Science) teacher as surplus with person and also the consequential order of deployment dated 30.06.2024, deploying M.Dhanaraj (History teacher) from the petitioner's School to K.A.P Visvanatham Higher Secondary School, Thilai Nagar, Trichy. 2/5
3. Mr.N.Shanmugaselvam, learned counsel for the petitioner submitted that there is only 1 Headmaster, 1 B.T.Assistant (Science), 1 B.T.Assistant (Maths) and 1 B.T.Assistant (English). The post already sanctioned for B.T.Assistant (Tamil) and B.T.Assistant (History) has been declared as surplus and they have been deployed to some other School.
4. Mr.M.Siddharthan, learned Additional Government Advocate for the respondents submitted that the total strength of the petitioner School itself is 14 teachers. There are no students enrolled in class VI, 1 student in class VII, 2 students in class VIII, no student in class IX and 11 students in class X. Totally, there are 14 students and the class has only 3 Sections. With this little strength of the students, the petitioner cannot expect the authorities concerned to sanction more posts than what can be given in accordance with the students teachers ratio under the Right To Education Act. It seems that the petitioner School is almost facing closure in view of the poor enrollment. 3/5
5. In view of the same, this Writ Petition is disposed of with liberty to the petitioner to make any representation to the respondents in case their enrollment is increased at any future of time. No costs. Consequently, connected miscellaneous petition is closed. 21.06.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:
1.The Joint Director of School Education (Secondary) DPI Compound, College Road, Chennai.
2.The Chief Educational officer, Trichy District, Trichy.
3.The District Educational Officer (Secondary) Trichy District, Trichy.
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R.N.MANJULA, J.
Nsr 21.06.2024 5/5