The Madurai Bench of the Madras High Court disposed of the writ petition filed by a minority institution challenging staff fixation orders. The court ruled that the matter be disposed of on the same lines as its earlier judgment in W.P.(MD)No.13428 of 2020.
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W.P(MD)No.870 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 04.11.2022
Pronounced on : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.870 of 2020 and W.M.P.(MD)Nos.656 and 658 of 2020
The Correspondent, Amali Girls Higher Secondary School, Irudayakulam, Vickramasingapuram, Tirunelveli District. ... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating
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to the impugned Government Order issued by the 1st respondent State Government of GO Ms.No.238, School Education (Pa.Ka.6(1) Department dated 13.11.2018 and the consequential staff fixation settled by the 3rd respondent for the academic year 2018-2019 in Na.Ka.No.12315/A2/2018 dated --.6.2019 (Received on 1.7.2019) in so far as rendering one Post of BT Assistant Maths, one post of BT Assistant Science, two posts of BT Assistant Social Science other that that 3 non teaching posts namely one post of Librarian, one post of Waterman and one post of Gardener and Sweeper as surplus is concerned quash the same.
For Petitioner : Ms.A.Amala
For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. Government Pleader.
ORDER
Heard the learned counsel on either side.
2.The writ petitioner is a minority institution. The petitioner challenges
the validity of G.O.(Ms) No.238, School Education Department, dated 13.11.2018 and the consequential staff fixation made by the Chief Educational Officer. Vide order dated 07.02.2023 made in W.P.(MD)No.13428 of 2020, I upheld the validity of G.O.(Ms) No.238, dated 13.11.2018. I had also held that
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approval of appointments made prior to issuance of G.O.(Ms) No.238, dated 13.11.2018 will be considered on merits and in accordance with law without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms) No.238, dated 13.11.2018 will be subject to the said Government Order.
3.This writ petition is disposed of on the same lines. No costs. Consequently, connected miscellaneous petitions are closed.
07.02.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:
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W.P(MD)No.870 of 2020
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.870 of 2020
07.02.2023
2 issues framed by the court
Whether to render the writ of certiorari challenging the staff fixation for the academic year 2018-2019
Whether to dispose of the petition following the earlier decision in W.P.(MD)No.13428 of 2020
Colour shows how this judgement treated each authority
W.P.(MD)No.13428 of 2020Referred¶24
The Correspondent, Amali Girls Higher Secondary School
The State of Tamil Nadu
The Director of School Education
The Chief Educational Officer, Tirunelveli
The District Educational Officer, Cheranmahadevi
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
