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Madras High CourtWP(MD)/14325/2023allowed

Muslim Higher Secondary School v. The Chief Educational Officer

2024-09-18Honourable Mr Justice R.Vijayakumar9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)Nos.14325 to 14328 of 2023 and W.M.P(MD)Nos.12129, 12135, 12133, 12136 & 26803 of 2023 & 59, 65, 251 of 2024 W.P.(MD)No.14325 of 2023:

Muslim Higher Secondary School, Rep. by its Correspondent, V.M.Kader Meera Gani, Abiramam, ... Petitioner Vs.

3.K.J.E.M. Higher Secondary School, Rep. by its Secretary, Paramakudi, Ramanathapuram District.

4.M.Haseena Begum, B.T.Assistant(Social Science), K.J.E.M.Higher Secondary School, Paramakudi, Ramanathapuram District.

... Respondents 1/9

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to the impugned order in Na.Ka.No.4519/Aa6/2023, dated 09.06.2023 passed by the 1st respondent and quash the same.

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.J.Ashok Additional Government Pleader for R1 & R2 W.P.(MD)No.14326 of 2023:

Muslim Higher Secondary School, Rep. by its Correspondent, V.M.Kader Meera Gani, Abiramam, ... Petitioner Vs.

3.K.J.E.M. Higher Secondary School, Rep. by its Secretary, Paramakudi, Ramanathapuram District.

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4.Hemalatha, B.T.Assistant(English), K.J.E.M.Higher Secondary School, Paramakudi, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to the impugned order in Na.Ka.No.4519/Aa6/2023, dated 09.06.2023 passed by the 1st respondent and quash the same.

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.J.Ashok Additional Government Pleader for R1 & R2 W.P.(MD)No.14327 of 2023:

Muslim Higher Secondary School, Rep. by its Correspondent, V.M.Kader Meera Gani, Abiramam, ... Petitioner Vs.

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3.Sourastra Higher Secondary School, Rep. by its Secretary, Paramakudi, Ramanathapuram District.

4.N.Subashini, B.T.Assistant(Maths), Sourastra Higher Secondary School, Paramakudi, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to the impugned order in Na.Ka.No.4519/Aa6/2023, dated 09.06.2023 passed by the 1st respondent and quash the same.

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.J.Ashok Additional Government Pleader for R1 & R2 W.P.(MD)No.14328 of 2023:

Muslim Higher Secondary School, Rep. by its Correspondent, V.M.Kader Meera Gani, Abiramam, ... Petitioner Vs.

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3.Sourastra Higher Secondary School, Rep. by its Secretary, Paramakudi, Ramanathapuram District.

4.R.Kumaran, B.T.Assistant(Social Science), Sourastra Higher Secondary School, Paramakudi, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to the impugned order in Na.Ka.No.4519/Aa6/2023, dated 09.06.2023 passed by the 1st respondent and quash the same.

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.J.Ashok Additional Government Pleader for R1 & R2 COMMON ORDER The instant writ petitions have been filed by an aided minority school, challenging the order of deployment of teachers from a different school. The petitioner management has appointed four teachers relating to their relevant 5/9

subjects and the approval was rejected by the authorities. Challenging the same, the management had filed W.P.(MD)Nos.24498, 24499 and 24500 and 24501 of 2022.

2.This Court by a common order dated 20.06.2024 has allowed all the writ petitions and directed the authorities to approve the appointment of the teachers concerned.

3.While the writ petitions filed by the management, challenging the rejection of approval was pending, the orders impugned in the writ petition have been passed deploying teachers from various schools to the petitioner's school. 4.In view of the above said facts, it is clear that when the appointment made by the petitioner's management to these posts have been directed to be approved by this Court by an order dated 20.06.2024, the order impugned in the writ petition deploying teachers from a different school to the petitioner's school have to be set aside.

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5.With the above said observations, this Court is inclined to pass the following orders:- i)The orders impugned in all the writ petitions are hereby set aside ; ii)The respondent authorities are directed to comply with the order of this Court dated 20.06.2024 made in W.P.(MD)Nos.24498, 24499 and 24500 and 24501 of 2022, within a period of twelve weeks from the date of receipt of a copy of this order.

6.Accordingly, these writ petitions are allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petitions are also closed.

18.09.2024 3/7 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR 7/9

To 8/9

R.VIJAYAKUMAR, J.

RJR W.P(MD)Nos.14325 to 14328 of 2023 18.09.2024 3/7 9/9