Madras High Court
A.Suthija vs State Of Tamil Nadu on 20 October, 2022
W.P(MD)No.16585 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.16585 of 2021
A.Suthija ... Petitioner
Vs.
1.State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Secretariat,
Chennai-9.
2.State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Backward Classes, Most Backward Classes and Minorities Welfare
Department,
Chennai-9.
3.The Director of Elementary Education,
DPI Campus,
Chennai-600 006.
4.The Secretary,
Tamil Nadu Teachers Recruitment Board,
E.V.K.Sampath Maligai, DPI Compound,
Chennai.
5.The Commissioner / Director,
Most Backward & De-notified Communities Welfare,
Chennai-600 005.
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.16585 of 2021
6.The Joint Director,
Kallar Reclamation,
Madurai-20. ... Respondents
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 Order in Government Letter No.
16959/Tho.Ka3(1)/2019-7 dt. 23.08.2021 on the file of the Respondent No.1
and quash the same as illegal and consequently for a direction, directing the
Respondents to transfer the petitioner in the post of Secondary Grade Teacher
in any of the Kallar Reclamation Schools in view of the TET Weightage Mark
in the light of the Judgment of this Court in W.A.(MD).No.1708 to 1710 of
2018 dt. 24.01.2019
For Petitioner : Mr.T.Aswin Rajasimman
for Mr.T.Lajapathi Roy
For R1 to R3, R5
& R6 : Mr.S.Saji Bino
Special Government Pleader
For R4 : Mr.G.V.Vairam Santhosh
ORDER
Heard the learned counsel on either side.
2. The petitioner belongs to Most Backward Class (Piramalai Kallar).
She exercised her option to join in the Kallar Reclamation Schools. However,
she was posted in the School Education Department. She is now working in
Krishnagiri District.
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W.P(MD)No.16585 of 2021
3. The learned counsel appearing for the petitioner categorically stated
that the petitioner wants to be posted in any Kallar Reclamation School not on
the ground of her community but considering her domestic circumstances.
The petitioner had earlier filed a writ petition before this Court. W.P.(MD)Nos.
13189 & 13190 of 2019 was disposed of on 12.06.2019 by directing the
competent authority to pass order on her request. Pursuant to the said direction,
the first respondent has issued the impugned order dated 23.08.2021 informing
the petitioner that since No Objection is not forthcoming from the
Commissioner / Director of Most Backward & De-notified Communities
Welfare, Chennai, the petitioner's request could not be considered. That led to
filing of the present writ petition.
4. On the last occasion, this Court had called upon the respondents to
intimate the vacancy position. It is now clarified by the 6th respondent that as
on date, there are as many as 88 teaching vacancies in the post of Secondary
Grade Teacher. Earlier the Government could not accommodate the petitioner's
request only because No Objection Certificate was not issued by the fifth
respondent. Since there are now vacancies available, the third respondent is
directed to transfer the petitioner to Kallar Reclamation Department coming
under the fifth respondent. It is open to the fifth respondent to post the
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W.P(MD)No.16585 of 2021
petitioner in any one of the Kallar Reclamation Schools. The respondents 3 &
5 shall issue appropriate orders in this regard within a period of eight weeks
from the date of receipt of a copy of this order.
5. The Writ Petition is allowed. No costs.
20.10.2022
Index : Yes / No
Internet : Yes/ No
rmi
To
1.The Principal Secretary to Government,
School Education Department,
Secretariat,
Chennai-9.
2.The Principal Secretary to Government,
Backward Classes, Most Backward Classes and Minorities Welfare
Department,
Chennai-9.
3.The Director of Elementary Education,
DPI Campus,
Chennai-600 006.
5.The Commissioner / Director,
Most Backward & De-notified Communities Welfare,
Chennai-600 005.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16585 of 2021
6.The Joint Director,
Kallar Reclamation,
Madurai-20.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16585 of 2021
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.16585 of 2021
-
20.10.2022
https://www.mhc.tn.gov.in/judis
