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Madras High CourtWP(MD)/25313/2019disposed of

The Correspondent v. The State Of Tamil Nadu

2023-02-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.11.2022 Pronounced on : 08.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.21894, 21896 of 2019 & 1709 of 2020 The Correspondent, RC Higher Secondary School Tiruchirappalli-620001 Tiruchirappalli District.

... 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, College Road, Chennai-600 009.

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

4.The District Educational Officer, Tiruchirappalli, Tiruchirappalli District. ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Government order issued by the first respondent in G.O.Ms.No.238, School Education [Pa.Ka.6(1)] Department dated 13.11.2018 and the consequential staff fixation settled by the third respondent CEO for the academic year 2018-2019 in Na.Ka.No.7002/E1/2018, dated 06.06.2019 insofar as rendering two posts of Junior Assistant, one post of Office Assistant, one post of Library Attender, one post of Sweeper and one post of Scavenger as surplus is concerned, quash the same. For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

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 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 2/4

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. The staff-fixation impugned in the writ petition is sustained in respect of the period post G.O Ms No.238 dated 13.11.2018 3.This writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

08.02.2023 Index : Yes / No Internet : Yes/ No SKM To 1.The Secretary, Department of School Education, Fort St.George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 009.

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

4.The District Educational Officer, Tiruchirappalli, Tiruchirappalli District.

3/4

G.R.SWAMINATHAN, J.

skm 08.02.2023 4/4