Petitioners challenged the preparation of promotion panels for middle school Headmasters, seeking inclusion of only BT Assistants. The court held that G.O.Ms.No.166 allows multiple feeder categories including Elementary School Headmaster and BT Assistants. The petitions were dismissed for lack of merit.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)Nos.1330 to 1332 of 2018 and W.M.P(MD)Nos.1411 to 1416 of 2018
S.Ravi ... Petitioner in W.P(MD)No.1330 of 2018 V.I.Bhuvaneshwari ... Petitioner in W.P(MD)No.1331 of 2018 D.M.Jayaprakash ... Petitioner in W.P(MD)No.1332 of 2018 Vs.
1.The State of Tamil Nadu, rep. by the Secretary to Government, School Education Department, Fort St. George, Chennai.
2.The Director of Elementary School Education, DPI Complex, College Road, Chennai. 3.The District Elementary Educational Officer, Trichy District, Trichy. 4.The Assistant Elementary Educational Officer, Manachanallur Union, Manachanallur, Trichy District. ... Respondents in all W.Ps COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing respondents to prepare the promotion panel of middle school Headmaster in the Manachanallur Union only from the eligible B.T. Assistants as per the G.O.Ms.No.79, School Education Department, dated 14.06.2002, and G.O.Ms.No.100, School Education Department, dated 27.06.2003.
https://hcservices.ecourts.gov.in/hcservices/ In all petition;
For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.K.Saravanan G.A.,
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COMMON ORDER
The petitioners are working as BT Assistant in Science in Panchayat Union Middle School, Manachanallur Block in Tiruchirappalli District.
2.The petitioners' contention in these writ petitions is that the respondents must be directed to prepare the promotion panel of middle school Headmaster in Manachanallur Union only from the eligible BT Assistant. The petitioners in all fairness have enclosed G.O.Ms.No.166, Education Department, dated 07.06.1999.
3.The learned Government Advocate appearing for the respondents drew the attention of this Court to clause 4 of the said G.O., in which, it has been mentioned that for preparing promotional panel for the post of Middle School Headmasters, the feeder category would be Elementary School Headmaster, Tamil Pandit/Graduate and BT Assistant. He would also further point out that this G.O.Ms.No.166, dated 07.06.1999 has not been modified so far. It is holding the field as on date.
4.The authorities have filed their counter affidavits and it has been pointed out therein that the G.O., is a permanent measure and not a temporary one. The writ petitioners' have not made out a case for excluding the other feeder category. No provision of law has been cited. Therefore, these writ petitions are lacking in merit.
5.Accordingly, these Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/-
Assistant Registrar(CS-III)
/True copy/
Sub Assistant Registrar
To
1.The Secretary to Government, School Education Department, Fort St. George, Chennai.
2.The Director of Elementary School Education, DPI Complex, College Road, Chennai.
3.The District Elementary Educational Officer, https://hcservices.ecourts.gov.in/hcservices/ Trichy District, Trichy.
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Trichy District.
W.P.(MD)Nos.1330 to 1332 of 2018 and W.M.P(MD)Nos.1411 to 1416 of 2018
02.03.2018
SKN
RAM/SV MMS/SAR 4/25.05.2018/3P/9C
3 issues framed by the court
Whether the respondents are liable to prepare the promotion panel of middle school Headmaster only from eligible BT Assistants excluding other feeder categories.
Whether G.O.Ms.No.166 dated 07.06.1999 should be modified to exclude other feeder categories for promotional panel preparation.
Whether the petitioners have made out a sufficient case to exclude other feeder categories under the existing permanent G.O.
4 provisions across 4 enactments
S.Ravi
V.I.Bhuvaneshwari
D.M.Jayaprakash
State of Tamil Nadu
Director of Elementary School Education
District Elementary Educational Officer
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
