Allowed

K.Dayanand v. The Commissioner of School Education

Madras HC10 May 2023WP/15097/2023

Case brief

AI extract

What is this about?

The High Court allowed three writ petitions filed by teachers seeking promotion and transfer counselling. The petitioners challenged proceedings dated 26.04.2023 regarding BT Assistant transfers. The respondents informed the court that the general promotion counselling had been discontinued on 06.05.2023, rendering the prayer for quashing redundant. The court allowed the petitions.

What did the court decide?

The prayers for quashing of impugned proceedings were allowed as they became redundant due to the discontinuation of promotion counselling by the respondents. Connected miscellaneous petitions were cl

K.Dayanand Vs The Commissioner of School Education — Service and Employment | Madras HC (2023)

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W.P.Nos.15097, 15113 & 15116 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.05.2023

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CORAM :

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The HONOURABLE DR.JUSTICEANITA SUMANTH

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W.P.Nos.15097, 15113 & 15116 of 2023 and

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W.M.P.Nos. 14586, 14589, 14590, 14604, 14606 to 14610 of 2023

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K.Dayanand

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.. Petitioner in W.P.No.15097 of 2023

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A.Mahalakshmi

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.. Petitioner in W.P.No.15113 of 2023

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D.Priya

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.. Petitioner in W.P.No.15116 of 2023

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1.The Commissioner of School Education, DPI Campus, College Road, Chennai – 600 006.

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2.The Director of Elementary Education/ DPI Campus,

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College Road, Chennai – 600 006.

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3.The Chief Educational Officer, Salem District, Salem.

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4.The District Educational Officer, Salem Education District, Salem.

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.. Respondents in W.P.No.15097 of 2023

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

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W.P.Nos.15097, 15113 & 15116 of 2023

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1.The Government of Tamil Nadu

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rep. By its Principal Secretary to Government (School Education), Fort St. George,

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Chennai – 9.

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2.The Commissioner of School Education, DPI Campus, College Road, Nungambakkam, Chennai – 6.

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3.The State Project Director, Integrated Scheme for School Education, Samagra Shiksha (SS), State Project Office, DPI Campus, Chennai – 6.

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4.The Joint Director (Personal), Department of School Education, DPI Campus, College Road, Nungambakkam, Chennai – 6.

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5.The Chief Educational Officer, Tiruppur, Tiruppur District. .. Respondents in W.P.Nos.15113 & 15116 of 2023

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Prayer in W.P.No.15097 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records of the impugned proceedings in Na.Ka.21243/C3/E1/2023 dated 26.04.2023 passed by the Commissioner of School Education and Director of Elementary Education and quash the same and consequently to direct the first and second respondents to give promotion to B.T. Assistant from the secondary grade teacher, who are working as Secondary Grade Teacher in the Panchayat Union long time and thereafter, to conduct the counselling for B.T. Assistant based on the petitioner's representation dated 02.05.2023.

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Common Prayer in W.P.Nos.15113 & 15116 of 2023: Petitions filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to impugned

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2/6

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W.P.Nos.15097, 15113 & 15116 of 2023

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proceedings in Na.Ka.No.21243/C3/E1/2023 dated 26.04.2023 of the respondents 2 and 4 herein and quash the same in so far as for conducting BT Assistant transfer counselling within a revenue district, one district to another district and deployment transfer counselling within revenue district to the BT Assistant working in Government/Municipal schools coming under the control of the 2^nd respondent herein and consequently direct the respondents herein to conduct BRTEs conversion counselling for the academic year 2022-23 before the BT Assistant transfer counselling of the academic year 2022-23 by filling up the 500 vacancies caused due to conversion of 500 BRTEs as BT Assistant in the academic year 2020-21 as per the G.O.(1D) No.134 School Education (Pa.Ka.5)(1) Department dated 18.08.2021 of the 1^st respondent herein.

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For Petitioner in W.P.No.15097 of 2023 : Ms.S.Vinodha

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For Petitioners in W.P.Nos.15113 & 15116/2023: Mr.S.N.Ravichandran

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For Respondents in all writ petitions : Mrs.S.Maithraye Chandru Special Government Pleader

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COMMON ORDER

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Mrs.S.Maithraye Chandru, learned Special Government Pleader, who accepts notice for official respondents circulates a copy of the proceeding in Na.Ka.No.26243/C3/E1/2023 dated 06.05.2023 to the effect that the counselling (general / promotion) for the posts of Teachers in the State of Tamil Nadu has been discontinued. The communication reads as follows:-

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https://www.mhc.tn.gov.in/judis 3/6

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W.P.Nos.15097, 15113 & 15116 of 2023

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“ghu;itapy; fhQqk; bray;Kiwfspd; K:yk; 2022?23k; cau;t[fs; rhu;ghf Mrphpau;fSf;fhd bghJkhWjy;fs; kw;Wk; gjtp cau;t[fs; rhu;ghf tHpfhl;L bewpKiwfs; fhyml;ltizfs; midj;J khtl;l Kjd;ikf; fy;tp mYtyu;fSf;Fk; kpd;d";ry; K:ykhf mDg;gpitf;fg;gl;lJ/ jw;nghJ epUthf fhuz';fSf;fhf nkw;fhz; bghJ khWjy; kw;Wk; gjtp cau;t[ fye;jha;t[fs; (bjhlf;ff; fy;tp gs;spf; fy;tp) jw;fhypfkhf xj;jpitf;fg;gLfpwJ/ fye;jha;t[ eilbgWk; njjp tpiutpy; mwptpf;fg;gLk; vd;w jfty; midj;J khtl;l Kjd;ikf; fy;tp mYtyu;fSf;Fk; bjuptpf;fyhfpwJ/

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xk;-?

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Mizau;.gs;sp fy;tp bjhlf;ff; fy;tp ,af;Feu; ”

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In light of the above, there is no necessity for consideration of

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the prayer for quashing of impugned proceeding dated 26.04.2023, as it is rendered redundant.

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Writ petitions stand allowed in terms of the above order. No costs. Connected miscellaneous petitions are closed.

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10.05.2023

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Index:Yes/No Neutral Citation:Yes ssm/nsd

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W.P.Nos.15097, 15113 & 15116 of 2023

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1.The Commissioner of School Education, DPI Campus, College Road, Chennai – 600 006.

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2.The Director of Elementary Education/ DPI Campus,

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College Road, Chennai – 600 006.

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3.The Chief Educational Officer, Salem District, Salem.

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4.The District Educational Officer, Salem Education District, Salem.

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5.The Principal Secretary to Government (School Education), Fort St. George, Chennai – 9.

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6.The State Project Director, Integrated Scheme for School Education, Samagra Shiksha (SS), State Project Office, DPI Campus, Chennai – 6.

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7.The Joint Director (Personal), Department of School Education, DPI Campus, College Road, Nungambakkam, Chennai – 6.

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8.The Chief Educational Officer, Tiruppur, Tiruppur District.

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

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W.P.Nos.15097, 15113 & 15116 of 2023

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DR. ANITA SUMANTH,J.

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ssm

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W.P.Nos.15097, 15113 & 15116 of 2023

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10.05.2023

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

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K.Dayanand v. The Commissioner of School Education

Case brief

What is this about?

What did the court decide?

K.Dayanand v. The Commissioner of School Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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