Vasantha Primary School v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.(MD).Nos.12986 and 12992 of 2024 W.P.(MD)No.14815 of 2024:
Vasantha Primary School, Subbalapuram Post, Veeranapuram, Kurivikulam, Represented by its Secretary
...Petitioner
Vs 1.The Director of School Education, College Road, Chennai.
2.The District Educational Officer, Tenkasi.
3.The Block Educational Officer, Kuruvikulam, Tenkasi District.
... Respondents 1/7
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 pertaining to the impugned orders passed by the second respondent in 943/A1/2023 dated 26.06.2024 deploying Mrs.Balammal working as Secondary Grade Teacher in the petitioner's School namely Vasantha Primary School, Subbalapuram Post, Veeranapuram, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District and quash the same and direct the second respondent to reconsider the impugned order to pass deputation order instead of deployment order. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.T.Amjadkhan Government Advocate W.P.(MD)No.14816 of 2024:
Vasantha Primary School, Subbalapuram Post, Veeranapuram, Kurivikulam, Represented by its Secretary
...Petitioner
Vs 1.The Director of School Education, College Road, Chennai.
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2.The District Educational Officer, Tenkasi.
3.The Block Educational Officer, Kuruvikulam, Tenkasi 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 pertaining to the impugned orders passed by the second respondent in 943/A1/2023 dated 26.06.2024 deploying Mrs.Jacqulin working as Secondary Grade Teacher in the petitioner's School namely Vasantha Primary School, Subbalapuram Post, Veeranapuram, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District and quash the same and direct the second respondent to reconsider the impugned order to pass deputation order instead of deployment order. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.T.Amjadkhan Government Advocate COMMON O R D E R Heard Mr.K.K.Kannan, learned counsel for the petitioners' School and Mr.T.Amjadkhan, learned Government Advocate for the respondents.
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2. These Writ Petitions have been filed seeking to quash the order of the second respondent dated 26.06.2024 deploying Mrs.Balammal and Mrs.Jacqulin who were working as Secondary Grade Teacher in the petitioner's School and direct the second respondent to reconsider the impugned order to pass deputation order instead of deployment order.
3. Mr.K.K.Kannan, learned counsel for the petitioner submitted that the teachers viz., Mrs.Balammal and Mrs.Jacqulin who were said to be the alleged surplus of the petitioner School has been deployed to other School which is 40 kms away from the petitioner School and the deployment has been done without getting approval from the School Committee.
4. Mr.T.Amjadkhan, learned Government Advocate for the respondents submitted that when the teachers were declared as surplus during the staff fixation order itself, notice has been given to the petitioner School, but the same was not objected and challenged till now. The petitioner has challenged only the deployment order on the ground that the individual teacher has been transferred to other School which is 40 kms away from the petitioner School. Curiously, the individual 4/7
teacher has not filed any petition stating that they are aggrieved due to the deployment of a place which is beyond 40 kms.
5. It is submitted that the petitioner School has only 50 students and there is 1 Headmaster and 1 teacher for the classes I to V. In case, the students strength increases in the next academic year, due to enrollment of the students during this academic year, the respondents authority shall consider the staff fixation accordingly and also consider the representation of the petitioner.
6. With the above observations, these Writ Petitions are disposed of with a direction to the respondents to consider the claim of the petitioner School during the next academic year of the staff fixation and pass orders accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
04.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 5/7
To:
1.The Director of School Education, College Road, Chennai.
2.The District Educational Officer, Tenkasi.
3.The Block Educational Officer, Kuruvikulam, Tenkasi District.
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R.N.MANJULA, J.
Nsr 04.07.2024 7/7