Maria Michel Raj v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.3772 of 2016 Maria Michel Raj ... Petitioner Vs.

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

2.The Joint Director of School Education (Personal), College Road, Chennai - 600 006.

3.The Chief Educational Officer, Nagapattinam District.

4.The Chief Educational Officer, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in XK.vz;.77954/rp3/,2/2015 dated 19.12.2015 passed by the first respondent 1/5

and quash the same and consequently direct the respondents 1 and 2 to transfer the petitioner to any one of the vacancy available in Kanyakumari District as B.T.Assistant (Maths).

For Petitioner : No Appearance For Respondents : Mr.D.Sadiq Raja, Additional Government Pleader.

ORDER

This Writ Petition is filed challenging the impugned order dated 19.12.2015 with a consequential relief to transfer the petitioner in any one of the vacancy in Karur District in the post of B.T.Assistant (Maths).

2. Through the impugned order, the respondents have stated any transfer would be considered based on the counseling procedure. Moreover, the seniority is followed in the transfer counseling. Based on the request, the petitioner cannot be transferred in a different place and hence the petitioner's claim was rejected. Challenging the said rejection order, the present Writ Petition is filed.

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3. The Writ Petition is filed in the year 2016 and the learned counsel appearing for the petitioner is not present before this Court. The respondent also is not in a position to state whether the petitioner's case was considered for transfer subsequently. Due to efflux of time, this Writ Petition cannot be considered. The petitioner is at liberty to participate in any transfer counseling and based on the conditions stated in the Government Orders issued for transfer counselling, the petitioner's case may be considered.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

02.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Joint Director of School Education (Personal), College Road, Chennai - 600 006.

3.The Chief Educational Officer, Nagapattinam District.

4.The Chief Educational Officer, Kanyakumari District.

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S.SRIMATHY, J.

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