Madras High Court
Thiru Vi.Ka.Hr.Sec.School vs The Government Of Tamilnadu on 2 December, 2021
W.P.No.14206 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P.No.14206 of 2011
and
M.P.No.2 of 2011
Thiru Vi.Ka.Hr.Sec.School
Teaching and Non-Teaching
Staff Association,
38 & 39, First Main Road,
Shenoy Nagar, (West)
Chennai – 600 030
Rep. by its Secretary
W. Pual Rajendrakumar. ... Petitioner
Vs.
1.The Government of Tamilnadu
Rep. by its Secretary,
Education Department,
Fort. St. George,
Chennai-9
2.The Joint Commissioner,
Education Department,
Corporation of Chennai,
Ripon Building,
Chennai-3.
3.The Director of School Education
College Road,
Chennai.
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Page 1 of 6
W.P.No.14206 of 2011
4.The District Educational Officer,
Chennai (west)
Chennai,
5.The Managing Trustee and Secretary,
Thiru Vi.Ka. Dr.Mu.Va. Educational Trust,
28/29, Shenoy Nagar,
Chennai-600 030. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorari calling for the records relating to the
order of the 2nd Respondent- Joint Commissioner, Education Department,
Corporation of Chennai, in Ka.Thu.Na.Ka.No.B3/4545/2011, dated
27.05.2011, amalgamating the Thiru.Vi.Ka.Higher Secondary Schools,
Shenoy Nagar, Chennai with the Chennai Schools, quash the same.
For Petitioner : Mr.S.Giridharan
For Respondents 1 to 4 : No appearance
For Respondent 5 : Mr.Rahul Balaji
ORDER
The order dated 27.05.2011 issued by the Joint Commissioner,
Education Department, Corporation of Chennai is under challenge in the
present Writ Petition.
2. The order impugned was issued based on the Judgment of this
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W.P.No.14206 of 2011
Court passed in W.P.No.30876 of 2002. The order impugned states that
the 5th respondent has to be amalgamated with the Chennai Corporation
Education Department, terms and conditions are stipulated.
3. The petitioner in the present Writ Petition is Thiru
Vi.Ka.Hr.Sec.School, Teaching and Non-Teaching Staff Association. No
doubt, the Staff Associations are functioning for the welfare of the Staffs
and Teachers working in the Schools. Amalgamation is a policy decision
and in the present case the order impugned was passed based on the
Judgment of this Court in the Writ Petition referred above. As far as the
Writ Petitioner is concerned, it is a Staff Associations, no doubt they may
submit an application for the purpose of protection of their service rights.
4. The learned counsel for the petitioner states that seniority has
to be protected. No doubt, the Staff Association is at liberty to submit
appropriate representation to the competent authority for the purpose of
protection of their service condition and certainly they have no locus standi
to question the amalgamation or the other policy decision taken by the
competent authority in the matter of School administration.
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W.P.No.14206 of 2011
5. This being the factum, the petitioner is at liberty to submit a
representation and also the teachers and staffs in their individual capacity
shall submit an application for the purpose of redressal of their grievances
and to protect the service condition.
6. With this liberty the Writ Petition stands disposed of.
Consequently, connected Miscellaneous Petition is also closed. No costs.
02.12.2021
shr/kan
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
To
1.The Government of Tamilnadu
Rep. by its Secretary,
Education Department,
Fort. St. George,
Chennai-9
2.The Joint Commissioner,
Education Department,
Corporation of Chennai,
Ripon Building,
Chennai-3.
3.The Director of School Education
College Road,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.14206 of 2011
4.The District Educational Officer,
Chennai (west)
Chennai,
5.The Managing Trustee and Secretary,
Thiru Vi.Ka. Dr.Mu.Va. Educational Trust,
28/29, Shenoy Nagar,
Chennai-600030.
https://www.mhc.tn.gov.in/judis
W.P.No.14206 of 2011
S.M. SUBRAMANIAM, J.
shr/kan
W.P.No.14206 of 2011
02.12.2021
https://www.mhc.tn.gov.in/judis
