The Correspondent vs The Director Of Elementary ...
2023 Latest Caselaw 3217 Mad

                                                                               W.P.(MD).No.6441 of 2023

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 27.03.2023

                                                      CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                             W.P.(MD)No.6441 of 2023

                     The Correspondent,
                     R.C.Little Flower Primary School,
                     Kavadakara Street,
                     Dindigul,
                     Dindigul District-624 001.                          ...     Petitioner

                                                         Vs.

                     1. The Director of Elementary Education,
                        O/o.the Director of Elementary Education,
                        DPI Complex, Nungampakkam,
                        Chennai.

                     2. The District Educational Officer (Elementary),
                        O/o.the District Educational Officer     ,
                        Dindigul,
                        Dindigul District.

                     3. The Block Educational Officer,
                        Dindigul Urban,
                        Dindigul,
                        Dindigul District.                               ...     Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to call for the records pertaining
                     to the impugned order in O.Mu.No. 462/Aa2/2023, --.02.2023, signed on
                     23.02.2023 on the file of the 2nd Respondent and quash the same as illegal
                     and consequently to direct the Respondents to approve the appointment of
                     Miss.K.Hemalatha on 02.01.2023 as the Secondary Grade Teacher in the
https://www.mhc.tn.gov.in/judis
                     petitioner school within the time stipulated by this Court.
                     1/6
                                                                            W.P.(MD).No.6441 of 2023

                                  For Petitioner       : Mr.S.Louis
                                  For Respondents      : Mr.N.Satheeshkumar
                                                         Additional Government Pleader


                                                      ORDER

By consent of both parties, this writ petition is taken up for

final disposal at the stage of admission itself.

2. This writ petition is filed to quash the impugned order,

dated 23.02.2023 with consequential relief to approve the appointment of

Miss.K.Hemalatha on 02.01.2023 as the Secondary Grade Teacher in the

petitioner's school.

3. The petitioner school belongs to Servite Generalate, a

Corporate Management. The school is running in the name and style of

'R.C. Little Flower Primary School', Dindigul. The Corporate

Management is having several schools all over Tamil Nadu. A vacancy

arose since one S.Josephin Sahaya Mary was retired from service on

31.05.2022, from the Petitioner's school.

4. The Learned Additional Government Pleader appearing

for the respondents submitted that there are 123 surplus teachers in

Dindigul District in Aided Schools both minority and non-minority and in https://www.mhc.tn.gov.in/judis

W.P.(MD).No.6441 of 2023

Government schools. The surplus teachers in the Aided schools both

minority and non-minority is 116.

5. Therefore, the 1st respondent is directed to prepare a list of

surplus teachers in Dindigul District. Also, a separate list of surplus

teachers who is working nearby petitioner's school. The 2nd respondent

shall serve the copy of the lists to the Corporate Management, thereafter

the Corporate Management shall select the candidate from the said list

and appoint the said surplus teacher in the vacancy that arose due to the

retirement vacancy of S.Josephin Sahaya Mary.

6. In view of the above direction, the petitioner’s school

cannot seek approval of appointment of K.Hemalatha as Secondary Grade

Teacher. The official respondents are restrained from granting any

approval until the surplus teachers comes to “Nil” as held in Judgment

passed by this Court, dated 09.04.2019 in W.A.(MD)Nos.76 of 2019

batch. The respondents shall scrupulously follow the above directions and

depute the surplus teachers to needy school. The said exercise shall be

completed within a period of two weeks, from the date of receipt a copy

of the order.

https://www.mhc.tn.gov.in/judis

W.P.(MD).No.6441 of 2023

7. With these directions, this Writ Petition is dismissed. No

Costs.

                     Index : Yes / No                                        27.03.2023
                     Internet : Yes
                     ksa

https://www.mhc.tn.gov.in/judis

W.P.(MD).No.6441 of 2023

To

1. The Director of Elementary Education, O/o.the Director of Elementary Education, DPI Complex, Nungampakkam, Chennai.

2. The District Educational Officer (Elementary), O/o.the District Educational Officer , Dindigul, Dindigul District.

3. The Block Educational Officer, Dindigul Urban, Dindigul, Dindigul District.

https://www.mhc.tn.gov.in/judis

W.P.(MD).No.6441 of 2023

S.SRIMATHY, J

ksa

Order made in W.P.(MD)No.6441 of 2023

27.03.2023

https://www.mhc.tn.gov.in/judis