Madras High Court
The State Of Tamil Nadu vs V.Shyni on 15 June, 2021
W.A.(MD)No.1090 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1090 of 2021
and C.M.P.(MD) No.4838 of 2021
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 – 600 006.
3.The Chief Educational Officer,
Kannyakumari District,
Nagercoil – 629 001.
4.The District Educational Officer,
Nagercoil – 629 001,
Kanyakumari District. ... Appellants/Respondents 1 to 4
Vs.
1.V.Shyni,
Physical Education Teacher,
The Church Girls High School,
Nagercoil, Kanyakumari District. ... 1st Respondent/Writ Petitioner
2.The Correspondent,
Home Church Girl's High School,
Nagercoil – 629 001,
Kanyakumari District. ... 2nd Respondent/5th Respondent
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W.A.(MD)No.1090 of 2021
Prayer : Appeal filed under Clause 15 of the Letters Patent against the order
passed by this Court in W.P.(MD)No.7943 of 2018, dated 02.01.2020.
For Appellants : Mr.R.Baskaran
Senior Counsel for Government
For Respondent No.1 : Mr.S.Xavier Rajini
*****
JUDGMENT
(Judgment of the Court was delivered by T. S. SIVAGNANAM, J.)
This Writ Appeal filed by the Writ Petitioner is directed against the
order dated 02.01.2020 in W.P.(MD) No.7943 of 2018. The said Writ Petition
was filed by the first respondent herein, who is a Physical Education Teacher,
working in the second respondent school. The order challenged in the Writ
Petition dated 18.10.2013, is the staff fixation order, by which the single
Physical Education Teacher post, in which the first respondent was working, is
declared as surplus.
2.The learned Single Judge after taking note of the Division Bench
judgments and after noting the importance of physical education to be imparted
to the students as emphasised in the case of Director of School Education v.
K.Uma reported in (2010) 2 MLJ 277, allowed the Writ Petition.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1090 of 2021
3.Learned Standing Counsel for Government appearing for the
appellants submitted that there is a fall in students strength and therefore, the
staff fixation order dated 18.10.2013, declaring the post of Physical Education
Teacher as surplus, is a proper order.
4.In our considered view, the learned Single Bench took note of the
importance of the physical education being imparted to the students and held
that assuming that there is a fall in students strength, it may not be justifiable
and reasonable to declare the single post of Physical Education Teacher as
surplus. Thus, in the peculiar circumstances cited by the learned Single Judge,
we find that there is no reason to interfere with the impugned order.
5.Accordingly, the Writ Appeal is dismissed, confirming the order of
the learned Single Judge. Consequently, the impugned order of the fourth
appellant dated 18.10.2013, as well as the consequential order of the second
appellant dated 21.02.2014, are quashed. No costs. Consequently, connected
Miscellaneous Petition is closed.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes/No 15.06.2021
sj
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1090 of 2021
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
Note: 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.
To
1.The Secretary,
Department of School Education,
State of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Kannyakumari District,
Nagercoil – 629 001.
4.The District Educational Officer,
Nagercoil – 629 001,
Kanyakumari District.
W.A.(MD)No.1090 of 2021
15.06.2021
https://www.mhc.tn.gov.in/judis/
