Madras High Court
C.Maharajan vs The Government Of Tamil Nadu on 6 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.26923 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.26923 of 2023
and
W.M.P.(MD)No.23140 of 2023
C.Maharajan ... Petitioner
vs.
1.The Government of Tamil Nadu,
Principal Secretary,
School Education Department,
Fort St. George,
Chennai-600 009.
2.The Director (Formally Known as Commissioner),
Tamil Nadu School Education Department,
DPI-Campus, Nungambakkam, Chennai-600 006.
3.The Joint Director (Personnel),
Tamil Nadu School Education Department,
DPI-Campus, Nungambakkam,
Chennai-600 006.
4.The Chief Educational Officer,
O/o. Chief Educational Officer, Tirunelveli.
5.The District Educational Officer (Secondary),
Tirunelveli Town, Tirunelveli District. ... Respondents
1/6
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W.P.(MD)No.26923 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorari, calling for the record relating to
the impugned order of transfer in Na.Ka.No.5257/A2/2021 dated
07.01.2022 passed by the 4th respondent and quash the same.
For Petitioner :Mr.S.Anwar Sameem
For Respondents :Mr.N.GA.Natraj
Government Advocate
*****
ORDER
The present Writ Petition has been filed by a Deputy Inspector of
School challenging an order of transfer issued by the fourth respondent
transferring him as a B.T.Assistant to Government Higher Secondary
School, Reddiarpatti.
2.According to the learned Counsel appearing for the Writ
Petitioner, once a B.T.Assistant Teacher is appointed by transfer, as
Deputy Inspector of School, thereafter, he/she cannot be reverted back to
the post of B.T.Assistant. The learned Counsel for the Writ Petitioner
relied upon the judgment of Hon’ble Division Bench of this Court on this
issue in O.Selvam and others vs The Commissioner of School
Education and others, in W.A.(MD)Nos.254 and 255 of 2022, dated
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25.03.2022. Paragraph 6.5 and 6.6 is extracted as follows:
“6.5 Thus, the reading of Rule 11 regarding Transfer and
Postings as sought to be pressed into service on behalf of the
State needs to be weighed vis-a-vis the mode of appointment
provided under Rule 2 read with Rule 8 and it takes to a situation
that a Graduate Teacher who satisfies the condition under Rule 8
can be appointed as Deputy Inspector of Schools and since the
mode of appointment statutorily prescribed is by transfer, the
word 'transfer' is used at the time of said appointment. The
appointment of Graduate Teachers therefore on the post of
Deputy Inspector of Schools, according to us, is the appointment
as statutorily prescribed and the word 'transfer' used at that time
is to be understood as the mode of appointment and not
administrative transfer.
6.6 Having held as above, we find that, when a Deputy
Inspector of Schools is attempted to be brought back as Graduate
Teacher, it needs to be examined what is the mode of appointment
provided for Graduate Teacher. As it is noted above, appointment
of Deputy Inspector of Schools is statutorily prescribed by
transfer, but the same is consciously absent in the mode of
appointment of Graduate Teacher. Therefore what is statutorily
not permitted, or in other words, what was interchangeable in the
earlier set of Rules is consciously deleted in the subsequent
statutory set of Rules, can not be read as administrative power of
the State. Though the Court would be very slow to interfere in the
administrative actions of the State, when it is pointed out that the
said action is governed by statutory rule, in absence of that
power, the impugned action of the State, according to us, was
without any authority of law and was inconsistent with the
notification dated 30 January 2020.”
3.The judgment of the Hon’ble Division Bench was challenged by
the State before the Hon'ble Supreme Court. The Hon'ble Apex Court
was placed to dismiss the SLP on 17.04.2023. Therefore, it is clear that
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once a B.T.Assistant Teacher is appointed as a Deputy Inspector of
School by transfer, the question of again appointing him/her back to
B.T.Assistant, is not legally permissible.
4.In view of the above said legal position, the order impugned is
set aside and the Writ Petition stands allowed. No costs. Consequently,
connected miscellaneous petition is closed.
Index :Yes / No 06.12.2023
Internet :Yes / No (2/2)
NCC :Yes / No
cmr
https://www.mhc.tn.gov.in/judis
To
1.The Government of Tamil Nadu,
Principal Secretary,
School Education Department,
Fort St. George,
Chennai-600 009.
2.The Director (Formally Known as Commissioner),
Tamil Nadu School Education Department,
DPI-Campus, Nungambakkam, Chennai-600 006.
3.The Joint Director (Personnel),
Tamil Nadu School Education Department,
DPI-Campus, Nungambakkam,
Chennai-600 006.
4.The Chief Educational Officer,
O/o. Chief Educational Officer, Thanjavur.
5.The District Educational Officer (Secondary),
Thanjavur Town, Thanjavur District.
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R.VIJAYAKUMAR, J.
cmr
06.12.2023
(2/2)
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