Madras High CourtWP(MD)/2082/2021disposed of

St.Antonyes Hr.Sec.School v. The Govt. Of Tamil Nadu

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

1 W.P.(MD)NO.2082 OF 2021 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.2082 of 2021 and W.M.P.(MD)Nos.1750 & 1751 of 2021 St.Antony's Higher Secondary School, Rep. by the Correspondent, Palayakayal - 628 152, Tuticorin 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, Seena Vaana Government Higher Secondary School Campus, V.E.Road, Tuticorin - 628 002, Tuticorin District.

4. The District Educational Officer, O/o.The District Educational Officer, Tiruchendur - 628 215, Tuticorin District.

... Respondents 1/5

2 W.P.(MD)NO.2082 OF 2021 Prayer: Writ petition is filed under Article 226 of the 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)) dept on the file of the 1st respondent and the consequential impugned staff fixation for the year 2019-2020 dated 15.11.2019 in Moo.Moo.No.6105/AA3/2019 on the file of the 3rd respondent holding the Junior Assistant post as surplus and quash the same, directing the respondents to hold that the Junior Assistant post is 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.N.Satheesh Kumar, Additional 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 2/5

3 W.P.(MD)NO.2082 OF 2021 consequential staff fixation made by the Chief Educational 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 petitions are closed.

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

4 W.P.(MD)NO.2082 OF 2021 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, Seena Vaana Government Higher Secondary School Campus, V.E.Road, Tuticorin - 628 002, Tuticorin District.

4. The District Educational Officer, O/o.The District Educational Officer, Tiruchendur - 628 215, Tuticorin District.

4/5

5 W.P.(MD)NO.2082 OF 2021 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.2082 of 2021 08.02.2023 5/5