Writ petition filed challenging an order holding a PG Assistant post as surplus. Court found the order violated Government norms regarding staff fixation for aided minority institutions without competent notice or valid reason.
Quashing of the impugned order holding the PG Assistant post as surplus.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2017 CORAM : THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Writ Petition (MD) No.7711 of 2014 in W.M.P.(MD)Nos.1 and 2 of 2014
The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71A, Dennis Street, Nagercoil – 629001.
... Petitioner
Vs.
2.The Chief Educational Officer, Kanyakumari District, Nagercoil – 629 001.
3.The District Educational Officer, Thuckalay, Kanyakumari District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the second respondent Chief Educational Officer in Mu.Mu.No.6456/Aa1/2013, dated 03.10.2013 in so far as holding one posting of PG Assistant in Political Science as surplus is concerned and the consequent proceedings issued by the first respondent Director of School Education in Na.Ka.No.77423/W5/E2/2013, dated 26.03.2014 and quash the same.
For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.
ORDER
This Writ Petition has been filed by the Writ petitioner for issuance of Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the second respondent Chief Educational Officer in Mu.Mu.No.6456/Aa1/2013, dated 03.10.2013 in so far as holding one posting of PG Assistant in Political Science as surplus is concerned and the consequent proceedings issued by https://hcservices.ecourts.gov.in/hcservices/ the first respondent Director of School Education in Na.Ka. No.77423/W5/E2/2013, dated 26.03.2014 and quash the same.
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2.The brief facts that are necessary for the disposal of this Writ petition are as follows:-
The petitioner is one of the schools under the Management of Church of South India, Diocese of Kanyakumari. One of the schools run by the Diocese is Christucoil L.M.S. Higher Secondary School, Palliyadi, Nagercoil, Kanyakumari District and it was recognized as an aided Minority institution. The school was initially established as a Primary School in the year 1874 and later, it was upgraded into a High School in the year 1961 and thereafter, it was upgraded into a Higher Secondary School in the year 1978, offering education from standards VI to XII. The total strength of the students is around 850 and there are 21 teachers working in the school and all the posts are sanctioned posts. In G.O.Ms.No,525 (School Education), dated 29.12.1997, as far as the Higher Secondary Schools are concerned, the staffs strength is not fixed on the basis of students' strength, but on the basis of number of groups, with which the school is offering education.
https://hcservices.ecourts.gov.in/hcservices/ 6. As pointed out by the learned counsel for the petitioner, the reduction of students' strength cannot be the reason for denying the post of P.G.Assistant in Political Science in terms of
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G.O.Ms.No.525 (School Education), dated 29.12.1997. Though the staffs' strength is fixed on the basis of students' strength for Middle School and High School, student's strength is not relevant in the present case where the post is in relation to the Higher Secondary School.
Sd/Assistant Registrar
/True copy/
Sub Assistant Registrar
To
2.The Chief Educational Officer,
+1cc to M/S.Xavier Rajini, Advocate SR.No.15643 +1cc to Special Government Pleader, SR.No.15578
ORDER MADE IN Writ Petition (MD) No.7711 of 2014 in W.M.P.(MD)Nos.1 and 2 of 2014 16.03.2017
MKV/SKN RSK/SAR 3/03.04.2017/3P/6C
3 issues framed by the court
Whether the declaration of a PG Assistant post as surplus by the educational authorities is arbitrary and violates Government norms regarding sanctioned posts.
Whether the authority was required to issue a prior notice to the school before holding the staff strength post as surplus.
Whether the reduction in student strength justifies denying the sanctioned teaching post for a Higher Secondary school.
2 provisions across 2 enactments
The Corporate Manager, CSI Corporate Schools
The Director of School Education
The Chief Educational Officer
The District Educational Officer
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court