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Madras High CourtWP(MD)/18356/2024disposed of

The Secretary v. The State Of Tamilnadu

2024-08-02Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and WMP(MD) Nos.15630 & 15632 of 2024 The Secretary, Kalaimagal Higher Secondary School, Vadamadurai - 624 802, Dindigul District.

... Petitioner Vs

1. The State of Tamil Nadu, Rep by its Secretary, Department of Higher Education Fort St. George, Chennai 600 009.

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

3. The Chief Educational Officer, Dindigul, Dindigul District.

4. The District Educational Officer, (Secondary) Palani, Dindigul District.

5. The Secretary, Guruvappa Higher Secondary School Neikkarapatti, S.K.C. Nagar Palani 624 615, Dindigul District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings of the 3rd respondent in Moo.Mu. No. 6112/Aa1/2024 dated 08.07.2024, deploying A. Sathanakumar, Junior Assistant in the petitioner school to the 5th respondent school, quash the same as illegal and void and quash the same as illegal.

For Petitioner : Ms.M.F.Rooshi Maas For Respondents : Mr.T.Amjad Khan (R1-R4) Government Advocate

ORDER

Heard Ms.M.F.Rooshi Maas, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, for the respondents 1-4. 2.The petitioner has filed this writ petition challenging the order of deputation, dated 08.07.2024, in respect of A.Santhanakumar, who was working as a Junior Assistant in the petitioner's School to the 5th respondent School.

3.The learned counsel for the petitioner submitted that the School has got a sanctioned strength of one Junior Assistant and the 3rd respondent has deputed him to the 5th respondent School.

2/5

4.The learned Government Advocate appearing for the respondents submitted that since the petitioner School did not have enough student strength, in order to engage the available staff members effectively, where the demand arose, the said A.Santhanakumar has been deputed to the 5th respondent School. 5.The learned counsel for the petitioner submitted that the petitioner School itself has got 486 student strength and in fact, the minimum requirement for having a post of Junior Assistant itself is 250. 6.However, it appears that A.Santhanakumar has not been appointed by the petitioner School and has already been deputed to the petitioner School from some other School and now as against the School, which had appointed the individual, he had been declared as surplus and hence, deployed to the 5th respondent School.

The human resource demand for the petitioner School has not been considered in order to post one Junior Assistant either on deputation or by sanctioning an additional strength. 7.

petitioner and pass orders within a period of four weeks from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

02.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

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

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

3. The Chief Educational Officer, Dindigul, Dindigul District.

4. The District Educational Officer, (Secondary) Palani, Dindigul District.

4/5

R.N.MANJULA, J.

PNM ORDER IN and WMP(MD) Nos.15630 & 15632 of 2024 02.08.2024 5/5