Madras High CourtWP(MD)/17491/2020disposed of

St.Josephs Girls High School v. The Govt. Of Tamil Nadu

2023-02-08Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.17491 OF 2020 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 W.P.(MD)No.17491 of 2020 and W.M.P.(MD)No.14632 of 2020 St.Joseph's Girls High School, Rep. by the Correspondent, Azhagappapuram - 629 401, Kanyakumari District.

... Petitioner Vs.

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

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

3. The Chief Educational Officer, O/o.The Chief Educational Officer, South S.L.B.Road, Nagercoil - 629 001.

4. The District Educational Officer, O/o.The District Educational Officer, South S.L.B.Road, Nagercoil - 629 001, Kanyakumari District.

... Respondents Prayer: Writ petition is filed under Article 226 of the 1/5

2 W.P.(MD)NO.17491 OF 2020 Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 13.11.2018 in G.O.Ms.No.238 School Education (Pa.Ku.6(1)) Department on the file of the 1st respondent and the consequential impugned staff fixation for the year 2019-2020 dated 20.01.2020 in Moo.Moo.No. 8916/E4/2019, on the file of the 3rd respondent holding the 3 non teaching posts as surplus and quash the same directing the respondents to hold that the 3 non teaching posts are not surplus in the petitioner school.

For Petitioner : Mr.Father Xavier Arulraj, Senior counsel, for Mr.V.John Kennedy.

For Respondents : Mr.R.Baskaran, Additional Advocate General, assisted by, Mr.S.Shaji Bino, Special Government Pleader.

* * *

O R D E R

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 2/5

3 W.P.(MD)NO.17491 OF 2020 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 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 petition is closed.

08.02.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.17491 OF 2020 To:

1. The Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

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

3. The Chief Educational Officer, O/o.The Chief Educational Officer, South S.L.B.Road, Nagercoil - 629 001.

4. The District Educational Officer, O/o.The District Educational Officer, South S.L.B.Road, Nagercoil - 629 001, Kanyakumari District.

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5 W.P.(MD)NO.17491 OF 2020 G.R.SWAMINATHAN,J.

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