Madras High Court
J.Swarna vs The State Of Tamil Nadu on 6 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.16365 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.16365 of 2022
and WMP.No.15677 of 2022
J.Swarna .. Petitioner
vs.
1.The State of Tamil Nadu,
Rep. By its Principal Secretary,
Department of School Education,
Fort St.George, Chennai-600 009.
2.The Commissioner of School Education,
College Road, Chennai-600 006.
3.The Chief Educational Officer,
Presidency Girls Hr.Sec. School,
Spurtank Road, Egmore,
Chennai-600 008.
4.The District Educational Officer (East)
Naddukuppam, Triplicane,
Chennai-600 005.
5.The Correspondent,
YMCA Boys Town High School,
Fort St.George, Chennai-600 009. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Declaration to declare that the action taken
against the petitioner in respect of appearance as witness and depose before
https://www.mhc.tn.gov.in/judis
1
W.P.No.16365 of 2022
the Hon'ble VII Metropolitan Magistrate Court, as per the summons dated
05.03.2020 in C.C.No.3267/2017 and the CSR given by the Inspector of
Police dated 06.03.2021 in respect of missing of vessels through the noon
meal organizer of the School in CSR No.8/2021 is illegal and consequential
enquiry of 6th respondent dated 01.09.2021, 11.02.2022, 14.02.2022,
21.02.2022, 22.03.2022, 29.03.2022, 12.04.2022, 19.05.2022, 25.05.2022,
27.05.2022, 31.05.2022 and 02.06.2022 and thereby reduction of rank from
Headmistress to Class Teacher without the consent of competent authority
under Rule 17(a) of Tamil Nadu Recognized Private Schools Regulation
Rules, 1972 is null and void and against the education code.
For Petitioner : Dr.Francis Xavier Arulraj, Senior Counsel
for M/s.A.R.Nixon
For Respondents : Mr.T.Chezhiyan,
Additional Government Pleader for R1 to R4
Mr.L.Chandrakumar
for Mr.V.R.Thangavel for R5 & R6
ORDER
This Writ Petition is filed for a Declaration declaring the action taken against the petitioner in respect of appearance as witness and depose before the Hon'ble VII Metropolitan Magistrate Court, as per the summons dated 05.03.2020 in C.C.No.3267/2017 and the CSR given by the Inspector of Police dated 06.03.2021 in respect of missing of vessels through the noon meal organizer of the School in CSR No.8/2021 as illegal and consequential enquiry of 6th respondent dated 01.09.2021, 11.02.2022, 14.02.2022, 21.02.2022, 22.03.2022, 29.03.2022, 12.04.2022, 19.05.2022, 25.05.2022, 27.05.2022, 31.05.2022 and 02.06.2022 and thereby reduction of rank from https://www.mhc.tn.gov.in/judis 2 W.P.No.16365 of 2022 Headmistress to Class Teacher without the consent of competent authority under Rule 17(a) of Tamil Nadu Recognized Private Schools Regulation Rules, 1972 is null and void and against the education code.
2. This Court at the time of admission has asked both the learned counsel for the parties to argue on the maintainability of the writ petition.
3. At this stage, Mr.L.Chandrakumar, learned counsel for the respondents 5 and 6 has stated before this Court that the explanation of the petitioner for the memo issued by the respondents will be considered by the respondents 5 and 6, but so far no disciplinary action has been taken against the petitioner and if any disciplinary action is initiated, the respondents will follow the guidelines and procedures stipulated under the Tamil Nadu Recognized Private Schools Regulation Rules, 1972. It is further submitted that if any action being taken by the respondents 5 and 6, the same will be forwarded to the educational authorities for approval before imposition of any punishment as against the petitioner and after that only, it will be given effect to.
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4. In the light of the above submission made by the parties, all the issues are left open to be decided, at an later stage and the respondents 5 and 6 shall consider the explanation submitted by the petitioner to the memo and pass appropriate orders in accordance with law. Till such time, the respondents 5 and 6 undertake not to disturb the petitioner's continuous service in the said institution.
5. The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
06.07.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
1.The Principal Secretary,
The State of Tamil Nadu,
Department of School Education,
Fort St.George, Chennai-600 009.
2.The Commissioner of School Education, College Road, Chennai-600 006.
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3.The Chief Educational Officer, Presidency Girls Hr.Sec. School, Spurtank Road, Egmore, Chennai-600 008.
4.The District Educational Officer (East) Naddukuppam, Triplicane, Chennai-600 005.
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Jvm W.P.No.16365 of 2022 06.07.2022 https://www.mhc.tn.gov.in/judis 6