Y BALACHANDRA BABU AND ANOTHER Vs. DISTRICT EDUCATIONAL

JUDGEMENT

(1.) W.P. No. 4816 of 2005 is filed challenging the transfer order passed by the second respondent dated 31.5.2005 by which, the petitioner who was a school assistant working in St, Antony's High School, Kappukadu, was transferred on administrative ground to St. Lawrence Higher Secondary School, Madathattuvilai and consequently, for a direction against the second respondent to repost the petitioner in the third respondent school, namely, St. Antony's High School, Kappukadu,Kanyakumari District.

(2.) THE case of the petitioner is that he has joined in the third respondent school on 17.8.1979 as a School Assistant and he has served in the said for the past 26 years. It is due to the ill-will developed by the second respondent towards the petitioner, there was an order of suspension passed against the petitioner, against which, the petitioner moved before the Civil Court filing suit in O.S. No. 618 of 2004 on the file of the District Munsif Court and the same is pending.

(3.) THE impugned order is challenged on various grounds including that the third respondent is an aided school front the State Government and though it is a minority institution it is discharging the public duty and the order of transfer is against the Tamil Nadu Private School (Regulations) Act and Rules made thereunder. Since the third respondent school is not coming under the corporate management category, the impugned order of transfer from the third respondent school is on the face of it illegal.