Nos.1 of 2006 in W.P. Nos. 24581 & 24582 of 2006 M.Shyamala v. The Director of School EducationCollege RoadChennai – 6.. R1 in W.P. Nos

IN THE HIGH COURT OF JUDICATURE AT MADRASDated 16..11..2007Coram:The Hon'ble Mr. Justice K.CHANDRUW.P. Nos. 38464 and 38465 of 2003 and W.P. Nos. 24581 and 24582 of 2006andM.P. Nos.1 of 2006 in W.P. Nos. 24581 & 24582 of 2006M.Shyamala.. Petitioner in W.P. Nos.38464 of 2003& 24582 of 2006S.Vijaya.. Petitioner in W.P. No.38465 of 2003 & 24581 of 2006vs.1.The Director of School EducationCollege RoadChennai – 6.. R1 in W.P. Nos. 24581 & 24582 of 20062.The Joint Director of School EducationCollege RoadChennai.. R1 in W.P. Nos. 38464 & 38465 of 2003 & R2 in W.P. Nos. 24581& 24582 of 20063.The Chief Educational OfficerKancheepuram.. R2 in W.P. Nos. 38464 & 38465 of 2003& R3 in W.P. Nos. 24581& 24582 of 20064.The District Educational OfficerKancheepuram DistrictKancheepuram.. R4 in W.P. Nos. 24581 & 24582 of 20065.The District Elementary Educational OfficerKancheepuram.. R3 in W.P. Nos. 38464 & 38465 of 2003& R5 in W.P. Nos. 24581& 24582 of 2006 https://hcservices.ecourts.gov.in/hcservices/

4.The SecretaryThe Hindu Higher Secondary SchoolMadurantakamChengalpet .. R4 in W.P. Nos. 38464 & 38465 of 2003 & R6 in W.P. Nos. 24581 & 24582 of 20065.The SecretaryHindu Coronation Middle SchoolMadurantakamChengalpet .. R5 in W.P. Nos. 38464 & 38465 of 2003 & R7 in W.P. Nos. 24581& 24582 of 2006W.P. Nos. 38464 and 38465 of 2003 filed under Article 226 of theConstitution of India seeking for issuance of writ of CertiorarifiedMandamus calling for the records relating to the orders of the firstrespondent dated 10.4.2003 issued in Ref. No. Thi. Mu. No. 28929/d3(9)/2003 and the third respondent dated 26.11.2001 issued inChey.Mu.Ka. No. 4223/a5/2001 and quash the same and direct therespondents 1 and 2 to permit the third respondent to fill theSecondary Grade Assistant in fourth respondent School by transferringthe petitioner to the vacant post of the fourth respondent School. W.P. Nos. 24581 and 24582 of 2006 filed under Article 226 of theConstitution of India seeking for issuance of writ of CertiorarifiedMandamus calling for the records of the fifth respondent comprised inhis proceeding Na.Ka. No. 3580/A3/2005, dated 22.5.2006 and quash thesame and consequently directing the respondents 3 to 5 to transfer thepetitioner from the seventh respondent School to the sixth respondentSchool in vacancy of Secondary Grade Assistant which arose on accountof retirement.For Petitioner: Mr. J. Selvarajanin all the petitionsFor RR1 to 3 : Mr. P. Gopiraja, GAin W.P.Nos. 38464 & 38465 of 2003 andFor RR1 to 5in W.P.Nos. 24581 & 24582 of 2006For the Hindu Higher : Mr. Vijayakumar Subramaniam Secondary SchoolRespondent -4 in WP.38464 & 38465 of 2003 andRespondent -6 in W.P.No. 24581 & 24582 of 2006 https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E RIn W.P. Nos. 38464 of 2003 and 24582 of 2006, the petitioner isone M. Shyamala and in W.P. Nos. 38465 of 2003 and 24581 of 2006, thepetitioner is one S.Vijaya. In W.P. Nos. 38464 and 38465 of 2003,the petitioners seek for quashing the orders dated 10.4.2003 as wellas 26.11.2001 passed by the first respondent Joint Director of SchoolEducation and the third respondent District Elementary EducationalOfficer respectively and to permit the third respondent to fill up thevacancy of Secondary Grade Assistant in the fourth respondent HinduHigher Secondary School by transferring the petitioner to the vacantpost. In W.P. Nos. 24581 and 24582 of 2006, the petitioners seek toquash the proceedings dated 22.5.2006 passed by the fifth respondentDistrict Elementary Educational Officer, Kancheepuram, and to transferthe petitioners from the seventh respondent Hindu Coronation MiddleSchool to the sixth respondent Hindu Higher Secondary School.2.Initially, this Court, by an order dated 10.4.2006, directedthe District Elementary Educational Officer, Kancheepuram, to considerthe request of the petitioners since two vacancies had arisen in thatschool. The other prayer directing them not to fill up the postpending the writ petitions was dismissed by this Court.Subsequently, this Court, by an order dated 03.8.2006, directed theSecretary of the Hindu Higher Secondary Schoo, Madhuranthakam, to keepone post vacant in respect of each of the petitioners for a period offour weeks. Pursuant to the interim oder passed by this Court, theDistrict Elementary Educational Officer, Kancheepuram, by hisproceedings dated 22.5.2006, rejected the request of the petitioners,which became the subject matter of the subsequent two writ petitions,viz., 24581 and 24582 of 2006. The authority has held that theSchool at Madhuranthakam does not come within the purview of theDistrict Elementary Educational Officer, Kancheepuram and it was alsoinformed that henceforth, for the classes in the middle schoolsections, viz., VI to VIII Standards, the Government, by G.O. Ms. No.100, Education Department dated 27.6.2003, has decided that onlygraduate teachers should be appointed. Further, the Director ofSchool Education, vide his circular dated 23.01.2004, informed thathenceforth, from primary schools and middle schools, by virtue of re-deployment, no teachers can be appointed to High Schools and HigherSecondary Schools. It was further stated that when a Junior GradeGraduate Teacher was appointed in a middle school, subject wiserotation will have to be formed and, therefore, they were informedthat when they are working in Madhuranthakam Hindu Coronation MiddleSchool, they cannot be transferred in respect of the vacancies in theHindu Higher Secondary School. https://hcservices.ecourts.gov.in/hcservices/

3.I have heard the arguments of Mr. J. Selvarajan, learnedcounsel appearing for the petitioners, Mr. P. Gopiraja, learnedGovernment Advocate representing the official respondents and Mr.Vijayakumar Subramanian, learned counsel appearing for the HinduHigher Secondary School and have perused the records. 4.The petitioners were originally working in the Hindu PrimarySchool at Madhuranthakam and on re-deployment basis, they weretransferred to Hindu Coronation Middle School at Madhuranthakam alongwith the post. It was this order, which was originally challengedby the petitioners in W.P. Nos. 38464 and 38465 of 2003. Thischallenge came to be made after a period of two years. Severalrepresentations were sent by the petitioners and the Department alsovide communication dated 10.4.2003 informed that only Graduateteachers can be appointed in the Middle School section and, therefore,the petitioners' request cannot be entertained. 5.A common counter affidavit was filed by the fifth respondentDistrict Elementary Educational Officer, Kancheepuram, justifying thepetitioners' original re-deployment that it was done pursuant to thenorms prescribed in G.O. Ms. No. 525 School Education Department dated29.12.1997. There is no challenge to the impugned order of the year2001 by the petitioners that they were not actually surplus to therequirement of the school.6.A common counter affidavit dated 16.4.2007 has also beenfiled by the Hindu Higher Secondary School, Madhuranthakam, statingthat the School was willing to take them back. But, however, whathas to be seen in the present context is that the petitioners wereoriginally transferred along with the posts on a re-deployment basison the ground that they had become surplus to the requirement of theSchool. The original transfers were made on that ground and but forthe re-deployment, the petitioners will have to be sent out of theschool. It is not a case of transfer but it is a case where thepetitioners were transferred along with the posts with a view toprotect their employment. Therefore, they get transplanted to the newSchool, thanks to the orders of the Government. However, for anysubsequent vacancy in any post in the original school of appointment,there is no guarantee for the petitioners to be re-transferred as itis not a case of simple transfer but re-deployment along with thepost. Unless the school justifies a creation of another post in whichthe petitioners can be accommodated, the question of re-transfer tothe original school does not arise. If any vacancy arises in thatschool, then the School will have to justify the filling up of thosevacancies and only if the School gets prior approval for filling upthose vacancies, the petitioners can be transferred. Further, theSchool Management itself has no power to act on their own. Even ifany vacancy arises, then the School will have to go by the existingpolicy and the Government Order in this regard to fill up thosevacancies. https://hcservices.ecourts.gov.in/hcservices/

7.In the present cases, subsequent to the re-deployment of thepetitioners, the Government has taken a policy decision to fill up themiddle school vacancies only with Junior Grade Graduate Teachers andthat too, by following subject wise rotation. Further, for thepolicy of the Government not to transfer the teachers from ElementarySchool to Higher Secondary School, no teacher can be found fault with.Even though the petitioner School Management had expressed theirdesire to take back the petitioners, it is not within the hands of theSchool Management as the School Management is bound by the GovernmentOrders and has to fill up vacancies in accordance with the rules andregulations. 8.In view of the above, the writ petitions are misconceivedand deserve to be dismissed. Accordingly, they are dismissed.However, there will be no order as to costs. Consequently, connectedMiscellaneous Petitions are closed.griSd/Asst. Registrar/true copy/Sub Asst.RegistrarTo1.The Director of School EducationCollege Road, Chennai – 62.The Joint Director of School EducationCollege Road,Chennai3.The Chief Educational OfficerKancheepuram4.The District Educational OfficerKancheepuram DistrictKancheepuram5.The District Elementary Educational OfficerKancheepuram+ 2 ccs to Mr. J. Selvarajan, Advocate sR 68198 & 68199DM (co)sg 27/11/07Pre-Delivery Common order in W.P. Nos.38464 and 38465 of 2003 &24581 and 24582 of 2006Delivered on 16..11..2007