Madras High CourtWP(MD)/16987/2019withdrawn dismissed

P.Muthuselvi v. State Of Tamilnadu

2019-08-01Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.16987 of 2019 and W.M.P.(MD) Nos.13558 & 13559 of 2019 1.P.Muthuselvi 2.J.Navamani

...Petitioners

Vs.

1.State of Tamil Nadu, represented by its Principal Secretary, Department of School Education, Pa.Ka5(1), Fort St.George, Chennai - 9.

2.The Director of School Education, DPI Campus, College Road, Chennai - 6.

3.The Chief Educational Officer, O/o the Chief Educational Office, Sivagangai District.

4.The Chief Educational Officer, O/o the Chief Educational Office, Virudhunagar District.

5.The District Educational Officer, O/o. the District Educational Office, Sivagangai, Sivagangai District.

6.The District Educational Officer, O/o. the District Educational Office, Virudhunagar, Virudhunagar District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Government Order in GO(ID)No.218 School Education Pa.Ka.5(1) Department Dated 20.06.2019 on the file of the first respondent and quash the same as illegal in so far as condition No.9(i) and consequently for a direction, directing the

respondents 3 to 6 to permit the petitioners to participate in the General Transfer Counselling for the year 2019-20 in accordance with the Government Order in GO(ID)No.256, School Education Department Dated 19.04.2017 within the time period stipulated by this Court. For Petitioners :Mr.T.Aswin Rajasimman For Respondents :Mrs.S.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed to direct the respondents 3 to 6 to permit the petitioners to participate in the General Transfer Counselling for the year 2019-20.

2.Mrs.S.Srimathy learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that it is suffice, if a direction is issued to the second respondent to consider the petitioners' representation dated 12.07.2019. 4.In reply, the learned Special Government Pleader appearing for the respondents would submit that the petitioners' representation dated 12.07.2019 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.

In agreement with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court directs the second respondent to consider the representation of the petitioner dated 12.07.2019 in accordance with law after affording due opportunity of hearing to the parties concerned, within a period of four weeks from the date of receipt of a copy of this order. The petitioners are directed to enclose a copy of this order along with such representation. 6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary, Department of School Education, Pa.Ka5(1), Fort St.George, Chennai - 9.