Petitioner challenged refusal to sanction teacher posts. Court dismissed petition holding that since petitioner failed to challenge the initial staff strength fixation order, the subsequent refusal based thereon could not be interfered with.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P.No. 9856 of 2003
Palayyan
.. Petitioner
Versus
1.The Secretary to Government Educational Department, Fort St.George, Chennai 600 009.
2.The Director of School, Education, College Road, Nungambakkam, Chennai – 6. 3.The District Educational Officer, Thuckalay .. Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the third respondents respecting Na.Ka.No.867A2/03 dated 05.02.2003 and quash the same and direct the respondents to accord sanction for the two posts namely M.Jeya Singh Prekumar as B.T.Assistant and T.Saraswathy as Tamil Pandit and grant them salary with effect from 01.06.2000 onwards.
For Petitioner : Ms. J. Anadavalli For Respondents : Mr.A. Kumar Special Government Pleader
ORDER
This writ petition has been filed challenging the order dated 05.02.2013 of the third respondent in and by which the third respondent refused to accord sanction for the appointment of two teaching staff namely Mr. M.Jeya Singh Prekumar, B.T. Assistant and Ms. T.Saraswathy, Tamil Pandit who were appointed in the petitioner school.
strength, has passed an order dated 22.11.2000 fixing the staff strength of the school. By virtue of the fixation of such staff strength, two of the teachers in the petitioner school could not be approved of their appointment. Therefore, the petitioner has filed W.P. No. 47069 of 2002 before this Court for a Writ of Mandamus and the same was disposed of by this Court on 03.01.2003 directing the respondents therein to consider the petitioner's representation and pass appropriate orders within a period of eights weeks. Pursuant to such direction, the third respondent passed the impugned order on 05.02.2003 by erroneously taking into account the staff strength of the school and refvused to accord approval for the appointment of two teachers viz., Mr. M.Jeya Singh Premkumar, B.T.Assistant and one Ms. T.Saraswathy, Tamil Pandit. In view of the refusal to accord approval of their appointment, the said two teachers were working continuously without salary. In the impugned order dated 05.02.2003, it was erroneously stated that the aforesaid two teachers have been appointed in a nonsanctioned post which is contrary to the prevailing student strength of the school. Hence the petitioner has come forward with this writ petition challenging the order dated 05.02.2003 of the third respondent.
order dated 27.11.2000, the third respondent has fixed the eligibility of the petitioner school to appoint teaching and non-teaching staff. However, the petitioner has not challenged the said order dated 22.11.2000, but filed WP No. 42009 of 2002 only for a Writ of Mandamus directing the official respondents to sanction the two posts in which Tr. M. Jeya Singh Prem Kumar and Ms. T. Saraswathy were appointed as B.T. Assistant and Tamil Pandit respectively. When the petitioner did not challenge the order dated 22.11.2000, the present order passed by the third respondent, on the basis of the direction issued by this Court on 03.01.2003 in WP No. 47069 of 2002 cannot be interfered with by this Court. Accordingly, the writ petition is dismissed. No costs.
Sd/-
Asst.Registrar (J)
/true copy/
Sub Asst. Registrar
kkd/rsh
To
1.The Secretary to Government
Educational Department,
Fort St.George, Chennai 600 009.
2.The Director of School,
Education, College Road,
Nungambakkam, Chennai – 6.
3.The District Educational
Officer, Thuckalay
1 cc to M/s.G. Sumitra, Advocate, Sr. 51011
W.P.No. 9856 of 2003
PSK (CO)
kk 22/10
2 issues framed by the court
Whether the High Court should interfere with a subsequent refusal to sanction posts when the impugned order was based on a previous unstopped fixation of staff strength.
Whether the petitioner failed to challenge the original fixation order which renders the subsequent adverse order final and unreviewable.
Palayyan
Secretary to Government Educational Department
Director of School, Education
District Educational Officer, Thuckalay
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
