The Correspodent v. The State Of Tamil Nadu
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 and W.M.P.(MD)Nos.22011 and 22012 of 2019 and W.M.P.(MD)No.10944 of 2021 The Correspondent, Yettacode Higher Secondary School, Yettacode, Veeyannoor (Post), Thiruvattar - 629 177, Kanyakumari 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 - 600 006.
3.The Chief Educational Officer, Kanyakumari at Nagercoil, Kanyakumari District.
4.The District Educational Officer, Thiruvattar - 629 177, Marthandam Post, Kanyakumari District.
... Respondents 1/4
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 Government Orders issued by the 1st respondent State Government 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 3rd respondent CEO for the academic year 2018-2019 in Mu.Mu.no.012417/E2/2018 dated 26.12.2018 Quash the Same in so far as rendering 1 Junior Assistant and 1 Sweeper as surplus are concerned. For Petitioner : Mr.K.Ragatheesh Kumar, For M/s.Isaac Chambers.
For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.J.Ashok, Addl. 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 approval of appointments made prior to issuance of G.O.(Ms) No.238, dated 2/4
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 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
1.The Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Kanyakumari at Nagercoil, Kanyakumari District.
4.The District Educational Officer, Thiruvattar - 629 177, Marthandam Post, Kanyakumari District.
3/4
G.R.SWAMINATHAN, J.
ias 08.02.2023 4/4