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Madras High CourtWP(MD)/20376/2016disposed of

Nadar Higher Secondary School v. The State Of Tamil Nadu

2016-10-24Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.20376 of 2016 Nadar Higher Secondary School rep.by its Secretary S.R.Jeyabalan.

... Petitioner Vs.

1. The State of Tamil Nadu, rep.by its Secretary Department of School Education, Fort St.George, Chennai - 600 009.

2. The Director of School Education, O/o.Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education, O/o. Joint Director of School Education, College Road, Chennai - 600 006.

4. The Chief Educational Officer, O/o. Chief Educational Officer, Tuticorin, Tuticorin District.

5. The District Educational Officer, Kovilpatti, Tuticorin District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus directing the respondents herein to re-fix the staff-fixation for the academic year 2016 - 2017 towards sanction deployment of adequate staff to the petitioner's school as per the existing norms and students strength within a reasonable time as may be stipulated by this Hon'ble Court vide representation dated 04/07/2016. For Petitioner : Mr.K.Kulanthai Vikram For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to re-fix the staff fixation for the academic year 2016-2017 towards sanction/deployment of adequate staff to the petitioner school as per the existing norms and students strength within the time frame to be fixed by this Court. 2.Heard the learned counsel for the petitioner and the learned Special Government Pleader, who takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the stage of admission.

3.The factual backgrounds leading to filing of this Writ Petition are as follows:

By the proceedings of the fourth respondent dated 26.12.2015, staff fixation has been done in the petitioner school. Alleging that there is considerable strength of increase in students and in order to give them quality of education, the petitioner seeks to re-fix the staff fixation in respect of the academic year 2016 - 2017.

4.The learned counsel for the petitioner has relied upon the earlier orders passed by this Court in WP(MD)No.9718 of 2016 dated 02.06.2016, whereunder, directions have been issued to the Chief Educational Officer, Tuticorin to look into the representations of the petitioner therein and to pass orders within a limited time frame.

5.The learned Special Government Pleader submitted that the proposals submitted by the petitioner to the fifth respondent has been returned with a direction to the petitioner to submit the proposal to the fourth respondent and there is an assurance that if the proposal is resubmitted to the fourth respondent, it will be considered with a period of three weeks.

6.Under such circumstances, the petitioner herein is directed to resubmit the proposal already submitted to the fifth respondent to the fourth respondent within one week and the fourth respondent shall consider the same and to pass orders on merits and in accordance with law within a period of three weeks thereafter.

7.The Writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar

To

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

2. The Director of School Education, O/o.Director of School Education, College Road, Chennai - 600 006.

3. The Joint Director of School Education, O/o. Joint Director of School Education, College Road, Chennai - 600 006.

4. The Chief Educational Officer, O/o. Chief Educational Officer, Tuticorin, Tuticorin District.

5. The District Educational Officer, Kovilpatti, Tuticorin District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 64192 + 1 CC TO Mr.K.KULANTHAI VIKRAM, ADVOCATE IN SR No. 63132 MJ TE/EM-MPA/SAR-AE : 01/11/2016 : 3P/8C (IT) W.P(MD)No.20376 of 2016 24.10.2016