Dismissed¶30

M.Meenachi Sundaram v. The State Represented by its

Madras HC2 Apr 2025WP(MD)/22404/2024

Case brief

AI extract

What is this about?

Maintainability of writ petition as public interest litigation in service matters; Head Teacher posts in Panchayat Union Primary and Middle Schools, Tamil Nadu; pupil-teacher ratio; Right of Children to Free and Compulsory Education Act 2009; G.O.Ms.No.231 School Education Department dated 11.08.2010; petitioner's representation dated 19.07.2024 not considered; writ petition dismissed, no costs; Madurai Bench of Madras High Court.

What did the court decide?

As the writ petition concerns a service matter relating to appointment/allotment of Head Teacher posts in Government schools, public interest litigation will not be maintainable; accordingly the writ petition is dismissed without costs. ¶30

M.Meenachi Sundaram Vs The State Represented by its — Writ and Judicial Review | Madras HC (2025)

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WP(MD). No.22404 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 02/04/2025

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CORAM

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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WP(MD). No.22404 of 2024

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M.Meenakshi Sundaram ... Petitioner

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The State Represented by

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its Principal Secretary to the Government, School Education Department, Secretariat, Chennai -600009.

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The State Represented by Its Principal Secretary to the Government, School Education Department, Secretariat, Chennai -600009.

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The Director of Elementary Education, Dpi Campus, College Road, Nungambakkam, Chennai – 600006.. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to fill up the Head Teacher post in Panchayat union Primary and Middle Schools in Tamil Nadu State in Accordance with

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

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WP(MD). No.22404 of 2024

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G.O.Ms.No.231 School Education Department dated 11.08.2010 by implementing pupil teacher ratio in schools under the Right of Children to Free and Compulsory Education Act 2009 and further direct the Respondents to notify the excess Head Teacher Posts in the state and consequently debut the excess Head Teacher to the needy panchayat Union Primary and Middle Schools by strictly implementing the pupil teacher ratio in schools fixed under the Right of Children to Free and Compulsory Education Act, 2009.

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For Petitioner : Mr.M.Saravanakumar

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For Respondents : Mr.P.Thilakkumar Government Pleader

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ORDER

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(Order of the Court was made by J.NISHA BANU, J.)

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The writ petition has been filed directing the respondents to fill up the Head Teacher post in Panchayat union Primary and Middle Schools in Tamil Nadu State in Accordance with G.O.Ms.No.231 School Education Department dated 11.08.2010 by implementing pupil teacher ratio in schools under the Right of Children to Free and Compulsory Education Act 2009 and further direct the Respondents to notify the excess Head Teacher Posts in the state and consequently debut the excess Head Teacher to the needy panchayat Union Primary and Middle Schools

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

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WP(MD). No.22404 of 2024

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by strictly implementing the pupil teacher ratio in schools fixed under the

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Right of Children to Free and Compulsory Education Act, 2009.

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It is the case of the petitioner that according to the pupil ratio in the schools, each school is entitled to one Head Teacher post. Therefore, in order to fill up the same,, the petitioner has sent a representation to the respondents on 19.07.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this writ petition.

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We have heard the learned counsel for the petitioner and, the learned Additional Government Pleader for the respondents.

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Since it is a service matter with regard to appointment/allotment of Head Teacher post in Government Schools, public interest litigation will not be maintainable. Accordingly, the writ petition stands dismissed. No costs.

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[J.N.B.,J] [S.S.Y.,J] 02.04.2025

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NCC : Yes/No Index : Yes/No RR

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

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WP(MD). No.22404 of 2024

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