P DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions are filled challenging the order of the first respondent in G.O.(2D) No.49, School Education (P2) Department, dated 28.9.2006 insofar as the observation of pendency of criminal case in paragraph (5) is concerned and to direct the respondents to absorb the petitioners in any one of the Government Aided Primary Schools with continuity of service.

(2.) 2.1. While the petitioner in W.P.No.3981 of 2007 was appointed as a Secondary Grade Teacher on 19.11.2002 in Sri Krishna Aided Primary School at Kumbakonam, Tanjore District, which is a Government Aided Private School governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, the petitioner in W.P.No.3982 of 2007 was appointed as a Secondary Grade Teacher in the said school on 8.12.1993 and the petitioner in W.P.No.3983 of 2007 was appointed as a Secondary Grade Teacher in the said school on 12.11.2003. 2.2. The said Sri Krishna Aided Primary School is the school in which the fire accident occurred on 16.7.2004, charring to death 94 children. In respect of the above fire accident, the Kumbakonam East Police registered a criminal case in C.C.No.261 of 2004 and the petitioners in these writ petitions were arrayed as accused Nos.19, 21 and 20 respectively and charges framed against them are as follows: "Charge against the petitioner in W.P.No.3981 of 2007: Selvi P.Devi was a Class Teacher of Standard IIIB of Sri Krishna Aided Primary School. Her class was situated in the thatched roof class room in the first floor in Survey No.763/B. It was in her class that students from Saraswathi Nursery and Primary School and other classes in Sri Krishna Aided Primary School were brought and made to sit as per the orders of the A1, A2 and A3 for the purpose of proving headcount during the proposed visit of the Education Department Officers to the School on 14, 15 and 16.7.2004. It was because of this, the large number of students died in the fire tragedy. During this occurrence, the accused had abandoned the children who were in flames and escaped."

(3.) IT is seen that after the ghastly mishap which took place on 16.7.2004, resulting in death of large number of innocent children who were mainly attending classes in the second floor, the activities of the school, viz., Sri Krishna Aided Primary School, have abruptly come to an end. Admittedly, that school happened to be a private school aided by the Government governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.