The Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.20076 & 20078 of 2023 The Secretary, A.V.D. Higher Secondary School, Ganapathipuram-629 502, Kanyakumari District.
... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai-600 009.
2.The Director of School Education, College Road, Chennai.
3.The Chief Education Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer, Thuckalay-629 175, Kanyakumari District.
... Respondents 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 third respondent CEO in Na.Ka.No. 1/5
00835/A4/2023, dated 05.06.2023, deploying V.George, B.T Assistant (Science) from the petitioner School to Government High School, Elappavilai. For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.N.Ramesh Arumugam Government Advocate
ORDER
The present writ petition has been filed for a Writ of Certiorari, calling for the records relating to the impugned proceedings of the third respondent CEO in Na.Ka.No.00835/A4/2023, dated 05.06.2023, deploying V.George, B.T Assistant (Science) from the petitioner School to Government High School, Elappavilai.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner School is a Private aided School. On 05.06.2023, the Chief Educational Officer issued deployment orders deploying 8 teachers from the petitioner's School to various Government Schools. At present, the School has only one B.T Assistant (Science), wherein one Mr.V.George is serving. 2/5
Hence, among the eight deployment orders, the petitioner's School is inclined to challenge the deployment of the B.T Assistant (Science) Teacher, which is a Single B.T Assistant (Science) Teacher Post.
4. Considering the limited prayer sought for by the petitioner in this case, this Court is inclined to quash the impugned order of deployment as far as the B.T Assistant (Science) post alone and thereafter, remand back the same to the third respondent for reconsideration and the petitioner is thereafter, directed to make a fresh representation. On the basis of which, the third respondent can take appropriate decision in accordance with law, within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
5. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
29.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5
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, College Road, Chennai.
3.The Chief Education Officer, Nagercoil, Kanyakumari District.
4.The District Educational Officer, Thuckalay-629 175, Kanyakumari District.
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L.VICTORIA GOWRI, J.
BTR 29.09.2023 5/5