Madras High Court
M.N.Abdur Rahman Hr. Sec. School vs The State Of Tamil Nadu on 7 June, 2021
W.P.(MD) No.9827 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.(MD) No.9827 of 2021
and
W.M.P.(MD)No.7550 of 2021
M.N.Abdur Rahman Hr. Sec. School,
Rep. by the Correspondent,
M.K.M.Mohamed Nazar,
Kadhir Nagar, Highground,
Maharajar Nagar Post,
Tirunelveli District – 627011. ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The Director of School Education,
School Education Department,
DPI Campus, College Road,
Chennai – 06.
3.The Chief Educational Officer,
O/o. Chief Educational Office,
Tirunelveli District.
1/6
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W.P.(MD) No.9827 of 2021
4.The District Educational Officer,
O/o. District Educational Office,
Tirunelveli District. ... Respondents
PRAYER : Writ petition filed under Article 64436 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the
impugned order in Moo.Mu.No.378/A4/2021 dated 05.04.2021 on the file of the
3rd respondent and quash the same as illegal and consequently direct the
respondents to allot Teaching Stall Fixation for English Medium Section Parallel
to Tamil Medium in light of the permission granted by respondent No.2 in
Moo.Mu.No.008289/G1/E2/2019, dated 27.05.2019 based on the G.O.Ms.No.148
(School Education Department) dated 20.07.2018 and to sanction the posts of
3 BT Assistants to the petitioner's school namely M.N.Abdur Rahman Higher
Secondary School, Kadhir Nagar Highground, Maharaja Nagar Post, Tirunelveli
District based on the students strength in the academic year 2020-2021 in which
the posts already surrendered before the respondent No.3 based on the students
strength by the petitioner in the academic year 2018-2019 and to remove the word
of surplus teach in B.T. Assistant-1 in light of the guidelines issued by the
Hon'ble Division Bench of this Court in Writ Appeal No.76 of 2019 dated
28.09.2020.
For Petitioner : Mr.Pinaygash.I
For Respondents : Mr.P.Thilakkumar,
Government Advocate.
2/6
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W.P.(MD) No.9827 of 2021
ORDER
With the consent on either side, this Writ Petition is taken up for final
disposal at the admission stage itself.
2.Heard the learned Counsel appearing for the petitioner and the learned
Government Advocate appearing for the respondents.
3.The learned Counsel appearing for the petitioner submitted that the order
is contradictory to the judgment of the Division Bench in a batch of cases in
W.A.(MD)No.76 of 2019, etc., dated 31.03.2021.
4.The learned Government Advocate appearing for the respondents
submitted that the impugned order may be set aside and remitted to the third
respondent for passing appropriate orders in the light of the judgment of this
Court in W.A.(MD)No.76 of 2019 dated 31.03.2021.
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W.P.(MD) No.9827 of 2021
5.Accordingly, the writ petition is allowed and the impugned order passed
by the third respondent is quashed and the matter is remitted back to the third
respondent for passing fresh orders on merits in the light of the judgment cited
supra. A fresh order may be passed on merits, within a period of eight weeks from
the date of receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
07.06.2021
Index : Yes / No
Internet : Yes / No
ias
Note:(i) In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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W.P.(MD) No.9827 of 2021
To:
1.The Secretary,
Department of School Education,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The Director of School Education,
School Education Department,
DPI Campus, College Road,
Chennai – 06.
3.The Chief Educational Officer,
O/o. Chief Educational Office,
Tirunelveli District.
4.The District Educational Officer,
O/o. District Educational Office,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.9827 of 2021
J.NISHA BANU,J
ias
W.P.(MD) No.9827 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
