M SHYAMALA Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) IN W. P. Nos. 38464 of 2003 and 24582 of 2006, the petitioner is one M. Shyamala and in W. P. Nos. 38465 of 2003 and 24581 of 2006, the petitioner 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 well as 26. 11. 2001 passed by the first respondent Joint Director of school Education and the third respondent District elementary Educational Officer respectively and to permit the third respondent to fill up the vacancy of Secondary grade Assistant in the fourth respondent Hindu Higher secondary School by transferring the petitioner to the vacant post. In W. P. Nos. 24581 and 24582 of 2006, the petitioners seek to quash the proceedings dated 22. 5. 2006 passed by the fifth respondent District Elementary educational Officer, Kancheepuram, and to transfer the petitioners from the seventh respondent Hindu Coronation middle School to the sixth respondent Hindu Higher secondary School.

(2.) INITIALLY, this Court, by an order dated 10. 4. 2006, directed the District Elementary Educational officer, Kancheepuram, to consider the request of the petitioners since two vacancies had arisen in that school. The other prayer directing them not to fill up the post pending the writ petitions was dismissed by this Court. Subsequently, this Court, by an order dated 03. 8. 2006, directed the Secretary of the Hindu Higher Secondary Schoo, madhuranthakam, to keep one post vacant in respect of each of the petitioners for a period of four weeks. Pursuant to the interim oder passed by this Court, the District elementary Educational Officer, Kancheepuram, by his proceedings 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 the School at madhuranthakam does not come within the purview of the district Elementary Educational Officer, Kancheepuram and it was also informed that henceforth, for the classes in the middle school sections, viz. , VI to VIII Standards, the government, by G. O. Ms. No. 100, Education Department dated 27. 6. 2003, has decided that only graduate teachers should be appointed. Further, the Director of School Education, vide his circular dated 23. 01. 2004, informed that henceforth, from primary schools and middle schools, by virtue of re-deployment, no teachers can be appointed to high Schools and Higher Secondary Schools. It was further stated that when a Junior Grade Graduate Teacher was appointed in a middle school, subject wise rotation will have to be formed and, therefore, they were informed that when they are working in Madhuranthakam Hindu Coronation middle School, they cannot be transferred in respect of the vacancies in the Hindu Higher Secondary School.

(3.) I have heard the arguments of Mr. J. Selvarajan, learned counsel appearing for the petitioners, Mr. P. Gopiraja, learned Government Advocate representing the official respondents and Mr. Vijayakumar Subramanian, learned counsel appearing for the Hindu Higher Secondary school and have perused the records.