Item. 109. Stay granted by justice Anandvengatesh. The deployed are nun/sisters.
Item. 109. Stay granted by justice Anandvengatesh. The deployed are nun/sisters.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2023
Maria Auxilium Girls Higher Secondary School,
Represented by its Correspondent,
Kancheepuram District- 631 502 … Petitioner
1. The Government of Tamil Nadu
Represented by its Principal Secretary,
Department of School Education,
Fort St. George, Chennai –600 009.
2. The Commissioner of School Education,
Chennai –600 006.
3. The Chief Educational Officer,
Office of the Chief Educational Officer,
4. The District Educational Officer,
The office of the District Educational Officer,
Kancheepuram District. … Respondents
AFFIDAVIT OF REV. SR.JEYA AROCKIA RAJATHY
I, Rev. Sr.Jeya Arockia Rajathy, D/o. Mr.S.I.Lourdu Samy, Christian, aged about 60 years, having office at Maria Auxilium Girls Higher Secondary School, Kancheepuram, Kancheepuram District-631 502, have temporarily come down to Chennai and do hereby solemnly affirm and sincerely state as follows:
1. I am the Correspondent of the petitioner school herein. I am well acquainted with the facts of the case.
2. I humbly submit that the said petitioner school was established and being administered by “The Congregation of the Regular Tertiary Franciscans of Our Lady of Bon Secours”. For the purpose of legal perpetuity, the said Congregation is registered as a society, bearing Registration S. No. 100 of 1956, in the name and style of “Congregation of the Regular Tertiary Franciscans of Our Lady of Bon Secours”. The said society has established and is administering a number of educational institutions for the welfare of the Catholic Christian Minority Community. The said educational institutions are all Minority Educational Institutions governed under Art.30 (1) of the Constitution of India. It caters to the special educational needs of Christian girls and the marginalized children, in the field of secular education.
3. I humbly submit that the said school is one of the reputed Schools, with high strength in the City of Kancheepuram, benefiting the lower strata of society. The petitioner school is aided only upto X Std. and the Higher Secondary portion is self-financing. The student-strength of the petitioner school is as follows:
-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Total
Tamil Medium 368 332 313 298 309 298 1818
English Medium 165 162 141 109 129 149 855
4. I humbly submit that the said school is governed by the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and the Rules, 1974 therein. The said Act under Sec.19 r/w R.15 speaks of the qualifications and the conditions of service of the employees in Private Schools. Sec.20 of the said Act also stipulates the conditions of appointment. In addition to that, the Tamil Nadu Minority Aided schools (Recognition and Payment of Grant) Rules 1977 also stipulates the rules in respect of Administration of Aided Minority Schools.
5. I humbly submit that initially the Government issued G.O. Ms. No. 525 dated 29.12.1997, regarding the teacher-pupil ratio to be followed in schools from Std I to Std XII. The teacher-pupil ratio is fixed as 1:40 in respect of all standards, subject to the need of ‘Subject’ teachers and ‘Workload’ in respect of High Schools and Higher Secondary Schools. The said G.O was upheld in North Arcot Ambedkar case reported in 1999(1)MLJ 635, and further clarified in Vigila Case, reported in(2006) 5 CTC 385.
6. I humbly submit that after the introduction of RTE Act, 2009, the Government issued G.O.Ms. No. 231 dated 11.08.2010, regarding the fixation of teacher-pupil ratio in respect of Elementary Education, from Stds. I to VIII. The ratio of 1:30 was fixed for the Primary sections (I to V),while the ratio 1:35 was fixed for Upper primary sections(VI to VIII). That apart, the said G.O mandatorily provides for three teachers in the subjects of Science/ Mathematics, Social Studies and Languages, for the Stds. VI to VIII. The said G.O also provides for a ladder for easy reference to verify the required number of teachers as per the strength. That apart G.O. Ms. No 46 dated 14.05.2004, stipulated that every teacher in the High School and Higher Secondary level will have a workload of 28 periods in a week.
7. I humbly submit that the Government issued G.O. Ms. No. 180 dated 17.07.2012 for starting parallel English Medium in Government Tamil Medium Schools. It provided for two Sections in every standard in English Medium. Similarly, the Government issued G.O. Ms. No. 148, dated 20.07.2018, providing for starting parallel English Medium in Tamil Medium Aided Schools. It also stipulated that the ratio between Tamil Medium and English Medium Sections will have to be 50:50. Accordingly, many traditional Tamil Medium Schools, opened parallel English Medium Sections, which have to be considered for staff-fixation.
8. I humbly submit that due to the mushrooming of Matriculation and CBSE Schools in Tamil Nadu, there was an exodus from Tamil Medium Schools, leading to fall of strength of students, especially at the Elementary education level. Due to the fall of strength, in the last 20 years, the Tamil Medium Schools have suffered an irreparable damage in the form of surplus teachers or excessive teachers.
9. I humbly submit that this problem was considered bythe Full Bench of this Hon’ble Court in Vigila case reported in (2006) 5 CTC 385. It was held that every Standard must have a teacher, for meaningful education. The Government did not comply with the said guidelines. The said issue was again considered in The Correspondent, St. Joseph’s School case, reported in (2017) SCC Online Mad 26347.It was held that the redeployment of the surplus teacher can be done under the same management with the permission of the authority. Again the problem was considered by this Hon’ble Court in W.A.(MD).No. 866 of 2018 and by order dated 28.06.2018, it was held as follows:
“6. Different schools may be run by the same group of person sand/or the same management. However, each school is separate. No school can possibly run without adequate number of teachers. Posts necessarily have to be sanctioned school-wise considering the requirements of the school. Excess teachers in some other school run by the same management is, therefore, inconsequential. To cite an example, there might be excess History teachers or may be Science teachers in School ‘A’, but no History teachers or Science teachers in School ‘B’ run by the same management. School ‘B’ cannot possibly function without a History teacher or without a Science teacher. Adjustment by transfer may not always be feasible.
7. If there are teachers in any one school in excess of the sanctioned quota, the Government might refuse to bear the salary burden of excess teachers appointed beyond the sanctioned strength of that school. However, approval of appointment of a teacher within the sanctioned strength of the school cannot be withheld on the ground of existence of excess teachers in some other school run by the same management.”
The same ratio was again confirmed in W.A. (MD).No. 872 of 2018 by its order dated 29.06.2018. As per the said ratio the school was entitled to fill up the sanctioned post and the authorities cannot refuse approval, on the ground that there are surplus teachers in some other schools.
10. I humbly submit that ultimately the question was decided in a batch of cases by the Hon’ble Division Bench W.A.(MD).No. 76 of 2019 by its order dated 31.03.2021. After elaborate consideration, the Hon’ble Division Bench issued certain specific norms and direction regarding surplus and deployment. The relevant portion of the said norms as follows:-
“95. In view of the aforesaid discussions, we are inclined to pass the following orders in this batch of cases :
“(a) For the purpose of fixing the students-teacher ratio, the provisions of RTE Act followed by the G.O. passed in this regard shall be taken as the basis and the student pupil ratio shall be either 1:30 or 1:35 as the case may be as per the provisions of RTE Act.
(b) For the purpose of fixing the staff strength of a school, school shall be the unit and not the Educational agency / joint management / corporate management.
(c) Once the staff strength is fixed in a particular academic year of a school, it is the duty of the Educational authorities to identify the excess staff and once the excess staff are identified, the same shall be intimated to the school concerned as per the compendium of schedule and thereafter, take steps to redeploy those excess staff to the needy school.
(d) Once the excess staff are identified and after keeping the Institution intimated, if those excess staff are redeployed to the needy school within a stipulated time as per the compendium of schedule, the redeployed staff shall join duty in the redeployed school.
(e) The following compendium of schedule, for the aforesaid purpose, i.e., for fixing the teaching staff, identifying the excess teaching staff and to redeploy the identified excess teaching staff to the needy school, are framed as hereunder.
(f) COMPENDIUM OF SCHEDULE :
(i) Closing of Admission for the purpose of fixation of staff strength – 31st July of that academic year.
(ii) Fixation of staff strength of the school concerned, based on the student strength as on 31st July as per the strength of the pupil updated in the EMIS – 10th August.
(iii) The aforesaid fixation of staff strength of the school shall be intimated to the school on or before 15th August.
(iv) On receipt of information from the Department, the School concerned shall give its objection if any, based on the teacher-pupil ratio on such fixation of staff strength by 25th of August.
(v) On receipt of such objection, if any, from the school concerned, the final order of fixing the staff strength of the school, with the provisional order for identification and redeployment of excess staff shall be passed by the Department by 5th of September.
(vi) On receipt of such intimation of provisional order on identification and redeployment of excess staff, the school under corporate or joint management, shall act upon to give its consent to the redeployment of excess teacher concerned after keeping the teacher informed, to the Department, by 15th of September.
(vii) On receipt of such reply / intimation from the school concerned, final redeployment order shall be made and communicated to the school from where redeployment is made with a copy marked to the teacher concerned and also to the needy school to which the deployment is to be made, by 25th September.
(viii) On receipt of such orders by the teachers who are redeployed, they shall report to the school where they have been redeployed, on or before 30th September.
(ix) After making this redeployment process, still excess staff are available, the Education Department shall take further effort, and those excess teachers still available at the hands of the Education Department to be redeployed to aneedy school beyond the corporate management concerned, i.e., to any school located in the same Educational District or Revenue District and even beyond which if still excess staff are available, they can be redeployed to any school beyond the Revenue District of course after getting the choice of such teacher concerned and that shall be completed by 10th October.
(x) Those teachers who got such redeployment within the Revenue District or beyond the Revenue District by orders to be issued on or before 10th of October, shall report duty to the School where they have been redeployed on or before 15th of October.
(xi) It is made clear that beyond 15th October of every academic year, no redeployment of teacher shall be made or given effect to.
(g) Once the teachers are redeployed from a particular school, after the joining time as provided under the compendium of schedule, the school from which the teacher has been redeployed cannot get teaching aid for the next month salary for that redeployed teacher and that salary shall be paid only through the school, where the teacher has been redeployed, for which, teaching grant shall be sent by the Educational authorities only to the needy school, where the teacher has already been redeployed.
(h) While identifying the excess staff for redeployment purpose as indicated above, regard has to be given that as far as possible junior most teacher shall be subjected to such redeployment. Also in case of high and higher secondary schools, while making such redeployment based on teacher-pupil ratio, regard has to be given to ensure that, atleast the minimum required teacher, for each subject being taught in the school, are in possession.
(i) Insofar as the teaching grant for the additional staff employed in the already aided school as on the academic year 1991-92, irrespective of the medium of instructions or irrespective of the students strength, as per the teacher pupil ratio as indicated above especially in the context of RTE Act and subsequent G.O issued in this regard, the staff fixation shall be made and for those additional teaching staff, who are pressed into service for additional standard or additional class started, from the academic year 2021-22, staff grant shall be sanctioned by the State Government as such sanctioning of staff grant will be the essential requirement to meet the object of the provisions of the RTE Act, otherwise, the Fundamental Right guaranteed to the children between the age of 6 and 14 studying in those schools would get affected.
(j) Irrespective of the medium of instruction, whether Tamil or English, such a staff grant for additional sections or standard shall be provided with the same condition as indicated above from the academic year 2021-22.
(l) Until the Tamil Nadu Private Schools (Regulation) Act, 2018 and the Rules to be made there under are given effect to, these set of directions issued in this order shall mandatorily be followed by the stakeholders, i.e., both State Government as well as the Educational Institutions.
(o) In view of the aforesaid, the G.O.Ms.No.165, School Education [Tho.Ka.2(1)] Department, dated 17.09.2019 is hereby declared to be inoperative.
(r) Once such information are uploaded in the web portal by the Education Department, after verifying the same, the private aided schools, both minority and non-minority can point out any wrong information if given with regard to the identification of the excess teaching staff in the concerned school and such intimation or clarification can be given by the school concerned through the management to the DEO / CEO concerned within a period of one month thereafter.
(s) On receipt of such objections, information / clarification from the school concerned with regard to the alleged wrong information provided by the State Government / Education Department in the web portal as indicated above, the same shall be verified and rectified by the Education Department, within one month thereafter.
(u) Till such excess teaching staff are identified under all category of schools as indicated above, no recruitment shall be made by the State Government / Education Department for the purpose of appointment of teachers under various categories like Secondary grade teacher, Graduate teacher, Post-Graduate teacher, Language teacher, Physical education teacher etc.,
(v) Like that insofar as aided minority institutions are concerned, if it is a stand alone institution, their right of appointing a teacher in a vacancy within the sanctioned strength for the academic year 2021-22 shall not be affected because of the identified excess teachers in other schools. At the same time, even if the school is a minority institution, however being administered by a joint management or corporate management, in respect of those schools, even though vacancy arose within the sanctioned strength of such school or schools under corporate management or joint management, those vacancies shall not be filled up unless the excess staff identified in all other schools under the same corporate or joint management are exhausted fully and only after exhausting the redeployment process on all excess teachers identified in the group of schools under the same corporate management, they shall be free to make appointment afresh from open market in the vacancy if any still, within the sanctioned strength.”
11. I humbly submit that as per the said ratio the Government was directed to consider the natural increase of strength in Aided Schools and the parallel English Medium Strength in the Aided Tamil Medium Schools for computing the staff-fixation. A specific Compendium of Schedule was stipulated, for dealing with the problem of surplus and the mode of deployment to the needy school. As per the above guidelines, the Government has to complete the staff-fixation in advance, inform the private schools and elicit objections, if any, and identifythe excess staff in various schools and intimate to the management. The school can raise objections at every stage. Regarding corporate minority managements, they have to be permitted to propose deployments within the corporate management, based on the student strength of the needy school. The authorities can consider and approve the same or raise objections, if any.
12. I humbly submit that the Government preferred an Appeal to the Hon’ble Supreme Court in SLP (C) No. 15702 of 2021, against the order dated 31.03.2021 in W.A.(MD).No. 76 of 2019. There is an interim stay against the ratio laid down in para 95(i) of the order, in respect of providing additional staff, as and above the sanctioned strength in every corporate management. The other directions are binding on the authorities. The Hon’ble Supreme Court by its order dated 10.08.2022, in the same SLP, also directed the government to consider the possibility of distributing the available resources to the needy aided schools, without involving additional expenditure. However, the authorities have not complied with neither the directions, nor the time schedule, stipulated by the Hon’ble Division Bench, till date.
13. I humbly submit that for the purpose of clarity, the process of staff-fixation and deployment, following the Compendium of Schedule in the current academic year 2022-2023 runs as follows:
31.07.2022 : The preliminary staff fixation by EMIS to be completed.
15.08.2022: The Private School to be intimated of the staff-fixation.
25.08.2022: The School can file its objections.
05.09.2022: The authorities have to finalize staff- fixation.
15.09.2022: Provisional identification of excess staff has to be published in the portal.
25.09.2022: Final deployment order to be communicated to the school.
30.09.2022: The Deployed teacher to report to the Deployed School, in the corporate management.
10.10.2022: The Corporate Management has to intimate to the Department, the excess staff who have to be deployed out-side the management, due to want of vacancies.
15.10.2022: The excess staff deployed have to report to duty in the new school. After 15.10.2022 there cannot be any deployment.
The above time -schedule has been stipulated, considering the welfare of the students, and the administrative exigencies of the private managements and in the common interest of the educational excellence. The authorities ought to have commenced the above process and completed within the stipulated time-schedule. However, without undertaking all these exercise, the authorities have totally abdicated their duties, from 31.03.2021, for the last two years.
14. I humbly submit that there is a categorical direction that for the purpose of staff-fixation, the natural increase of strength in the schools which were receiving Grant-in-Aid, as on 1991-1992, due to additional standards, have to be taken for staff-fixation. This is reflected in Para 94.5 of the said order in W.A. 76 of 2019. Similarly, for the purpose of staff-fixation, as referred in Para 95(j) of the said order, the students of both Tamil and English Medium have to be taken into consideration. But till date the authorities have not followed the same. The authorities have not considered the strength of additional sections in the aided schools due to natural increase and the strength in English Medium as well. On both the counts, the authorities have grossly flouted the directions.
15. I humbly submit that regarding the corporate minority management, there is a separate direction. At the risk of repetition and for the purpose of clarity, it is extracted separately hereunder:-
“95.(v) Like that insofar as aided minority institutions are concerned, if it is a stand alone institution, their right of appointing a teacher in a vacancy within the sanctioned strength for the academic year 2021-22 shall not be affected because of the identified excess teachers in other schools. At the same time, even if the school is a minority institution, however being administered by a joint management or corporate management, in respect of those schools, even though vacancy arose within the sanctioned strength of such school or schools under corporate management or joint management, those vacancies shall not be filled up unless the excess staff identified in all other schools under the same corporate or joint management are exhausted fully and only after exhausting the redeployment process on all excess teachers identified in the group of schools under the same corporate management, they shall be free to make appointment afresh from open market in the vacancy if any still, within the sanctioned strength.”
As per the above directions, the right of appointment and transfer in a minority school is vested in the educational agency. The said constitutional right has been considered by the Hon’ble Division Bench, while resolving the issue of surplus in the schools and the deployment of the same.
16. I humbly submit that it is trite law that the right of administration of minority schools is vested with the minority management. The right of appointment and transfer is one of the cardinal rights inherent under Art. 30(1) as held by the various constitutional courts of the country. The said ratio has been confirmed by different larger benches and including by the eleven judges bench in T.M.A. Pai Foundation case. There is no change in the legal position.
17. I humbly submit that u/s. 19, r/w Rule 15 of the TNPSR Act, 1973 provides for the Government to regulate only the number of the staff to be appointed in a private school. Otherwise, the right of appointment is a constitutionally protected right for the minority institutions. When some of the provisions of Tamil Nadu Private Schools (Regulation) Act and Rules were held as inapplicable to minority institutions, the power of deployment u/s. 26, was struck down in respect of minority schools, by order dated 17.12.1975 in the batch cases in W. P. 4478 of 1974. As a result, while authorities can deploy excess teachers from one school to another in non-minority schools, they cannot do so directly, in respect of minority schools. On the other hand, at the first instance, they have to permit the minority corporate management to absorb the excess staff, from one aided school to another aided needy school, within their corporate management. Only thereafter they have to consider deploying the excess staff to a school outside the corporate management. This Hon’ble Court has also confirmed the said ratio in Immaculate Hr.Sec.School, Pondicherry by its order dated 11.04.2018 in W.P.Nos. 306 to 308 of 2018.
18. I humbly submit that without taking consideration, the directions of the Hon’ble Division Bench, dated 31.03.2021, in W.A. (MD) No. 76 of 2019, the 5th respondent had issued the proceedings dated 20.01.2023, in Na. Ka. No. 6715/AA3/A4/2022, in respect of conducting counseling, for deployment of the surplus teachers, in the cadre of P.G. Assistants, BT. Assistants, Physical education teachers and non-teaching staff. In this regard, the 5th respondent directed the schools, to furnish the details of the surplus teachers in FORM 1,2 &3, annexed to the said proceedings. They have also mentioned different dates for different cadres for the purpose of conducting counseling. Accordingly, they are compelling all the schools, to accept the staff-fixation, without affording opportunity for raising objections, as per the directions of the Hon’ble High Court.
19. I humbly submit that the authorities are also compelling the institutions to furnish the details of the surplus staff as per their anomalous fixation, and compel them to attend the counseling, and accept the deployment. They are doing all theses at the threat of stoppage of salary. Having no other option, the teachers, who are indicated as surplus, are attending the counseling, in fear of their livelihood. However the schools of the petitioner association have not relieved the respective deployed teachers. Apart from legalities involved, the departure of the teachers, who are fully involved in teaching throughout year, will greatly upset the educational process, especially when the students are seriously preparing for public exams. The practical exams are underway. The deployments will derail the educational process, affecting the future of the students.
20. I humbly submit that the Hon’ble Court from time and again frowned upon the transfer of teachers in the middle of the academic year. The G.O. Ms. No. 10 P &A Department, dated 07.01.1994, prohibiting the transfer of teachers in the middle of academic year. This legal position has been rendered by this Hon’ble court in the interest of students as it will upset their educational process.
21. I humbly submit that the staff-fixation that has been issued to the schools have not followed the directions issued by the Hon’ble Division Bench, by order dated 31.03.2021, in W.A.No. 76 of 2019.The staff-fixation has not considered the parallel English medium in the aided Tamil medium schools as per the applicable norms. This is a clear violation of the directions of the Hon’ble High Court. That apart, the Compendium of Schedule to be followed in the process of staff-fixation – filing objections, identifying the surplus staff, intimations to the management in advance, indicating the possibilities of absorbing in the needy schools, permitting them to absorb the surplus to the needy schools within the management – and the timeline for the same, have been totally flouted by the respondents. Only after completion of the entire process referred above, they can proceed to deploy the teachers outside the corporate managements. In respect of corporate minority management, the Hon’ble Division Bench has specifically issued directions considering the administrative liberty of the institution, especially its right to appoint or transfer, within its corporate management. In this context, the authorities are attempting to subvert the directions of the Hon’ble Division Bench of the High Court, in its order referred supra.
22. I humbly submit that while facts being so the 3rd respondent had issued the staff-fixation for the petitioner school dated 23.01.2023, in Na. Ka. No. 4866/AA1/2023. Along with the staff-fixation, the 3rd respondent issued proceedings dated 23.01.2023, in Na. Ka. No. 4866/AA1/2022, for the deployment of Sr. Ambikaveni, Sr. A. Sahaya Rani and Sr. Mariamma Diasy from the petitioner school to S.S.K.V. Aided Girls Higher Secondary School, Kanchipuram. The 3rd respondent further directed in the said deployment order that the teaching grant for the deployed teachers will be granted in the new school and not in the old school, the petitioner school. As per the Division Bench order, the staff-fixation should have been done in the month of July itself and the same ought to have been served on the petitioner before 15.08.2022. The petitioner should have been given time for filing objections till 25.08.2022. Only thereafter, the authorities could finalize the staff-fixation on 05.09.2022 and publish the provisional identification of surplus staff before 15.09.2022. After identifying the same, the deployment order has to be communicated to the school, as early as on 25.09.2022 and thereafter the deployed teacher has to report to the school on 30.09.2022. All this process of deployment is contemplated within the corporate management. Only when it is not possible to find a needy school within the corporate management, the educational agency itself has to inform the department of the details of the excess staff who could not be absorbed within the management. The entire process is spread over four months, so that there will be smooth transition by deployment. Only then, such excess staff can be deployed outside the corporate management. None of these directions have been followed by the respondents.
23. I humbly submit that that apart the said staff-fixation served on the petitioner on 21.01.2023, states that the petitioner can file its objection within ‘seven days’. But even these seven days were not given to the petitioner. The deployment orders for three B.T. Assistants were given along with the staff-fixation. No opportunity was given to the petitioner’s school, even to file an objection.
24. I humbly submit that the petitioner school was compelled by the authorities, to accept the staff-fixation long with the deployment orders or otherwise they orally threatened the petitioner school to stop the teaching grant, if they do not accept the staff-fixation along with the deployment order. In fear of stoppage of grant, the petitioner school received the staff-fixation for the year 2022-2023, along with the deployment order. Consequently, the 3rd respondent compelled the three deployed B.T. Assistants, namely Sr. Ambikaveni, Sr. A. Sahaya Rani and Sr. Mariamma Diasy to join in the allocated school and directed that the teaching grant for these three deployed teachers will be given to the new school and not to the petitioner school.
25. I humbly submit that there is a categorical direction by the Hon’ble Division Bench, order dated 31.03.2021, in W.A.(MD).No. 76 of 2019, to take into account the strength of English Medium for commuting staff-fixation. But in respect of the petitioner school the students’ strength of English medium is not considered for computing staff-fixation. It is in violation of their own G.Os. and the specific direction of this Hon’ble Court.
26. I humbly submit that now all of a sudden, the 3rd respondent declared 3 B.T. Assistants as surplus. The 3rd respondent has not followed the ratio for upper primary based on G.O. Ms. No. 231 and the ratio for high school based on G.O. Ms. No 525 to compute staff-fixation. The staff-fixation itself is anomalous. Even to object the anomalies in the staff-fixation, no time was given to the petitioner school. As per the directions of the Hon’ble Division Bench, no opportunity was given to the corporate management, to absorb the excess staff from one aided school to another aided needy school. The sudden removal of 3 B.T. Assistants, in the middle of the academic year, on the eve of the examination, will upset the educational impetus of the petitioner and the students, affecting their future.
27. I humbly submit that the Christian minority corporate management are spread all over Tamil Nadu in various districts. Unless the staff-fixation is completed throughout the State as per the directions of the Division Bench on 31.03.2021, in W.A. (MD) No. 76 of 2019, the entire exercise will be anomalous and arbitrary. The surplus staff and the need of the schools are to be consolidated for effective deployment, based on subjects, workload and need of the schools. It may not be proper to deploy the surplus staff, suddenly after completing staff-fixation within a particular district. That frustrates the spirit of the Division Bench order dated 31.03.2021.
28. I humbly submit that, most importantly, even administrative transfers cannot be done in the middle of academic year, jeopardizing the interest of the students, as held by this Hon’ble Court in various decisions. In the case of the petitioner, the experienced staff, who have dealt with the subjects, throughout the year, are sought to be deployed, at the fag end of the academic year. The students are in the thick of the preparation for the public exams and undertaking revision tests. The high handed deployment done by the authorities, not only violate the settled legal positions, but also jeopardize the interest of the students, at the neck of the moment before facing public exams. By the said deployments, both the students and the staff are equally devastated, along with the petitioner.
Aggrieved by the illegal action of the respondents and having no other alternative remedy open, the petitioner begs to invoke the extra-ordinary jurisdiction of this Hon’ble High Court under Article 226 of the Constitution of India for issuance of a WRIT OF CERTIORARIFIED MANDAMUS and for the following among other:
a) The impugned proceedings of deployment are in violation of Art. 14, 41 and 30(1) of the Constitution of India.
b) The impugned order of deployment served on the staff of the petitioner on 23.01.2023, is without jurisdiction, as section 26 of TNPSR Act has been struck down in respect of minority schools by the Hon’ble High court by order dated 17.12.1975, in the batch of cases in W.P.No. 4428 of 1974.
c) The impugned proceedings of deployment has not considered the constitutionally protected right of appointment, as inherent in Art. 30(1) of the Constitution in respect of minority schools.
d) The non-consideration of total strength of the students studying in English medium within the petitioner school, is highly arbitrary and is in violation of the directions issued by the Division Bench in its order dated 31.03.2021.
e) The respondents have flagrantly violated the directions issued by order dated 31.03.2021 in W.A.No.(MD).No. 76 of 2019, in respect of the Compendium of Time Schedule, for the purpose of staff-fixation and deployment.
f) The respondent cannot undertake the exercise of deployment without informing the positions of surplus teachers in all the schools under the same management as directed by the Hon’ble Division Bench.
g) The respondents have not considered the directions issued by the Division Bench in its order dated 31.03.2021 in W.A.No.(MD).No. 76 of 2019, in respect of the corporate minority management of the petitioner.
h) The Impugned orders have been issued mechanically and without application of mind.
29. The petitioner is not able to obtain the original copy of the impugned Staff-Fixation for the year 2022-2023, and the consequential order of deployment dated 23.01.2023, in Na. Ka. No. 4866/AA1/2022, in respect of the petitioner school, on the file of the 3rdrespondent. As and when she gets the original copy of the same, she will produce before this Hon’ble Court. Unless she is dispensed with from producing the original copy of the impugned orders, she will be greatly prejudiced.
30. Therefore, it is humbly prayed that this Hon’ble Court may be pleased to dispense the petitioner from producing the original copy of the impugned Staff-Fixation for the year 2022-2023, and the consequential order of deployment dated 23.01.2023, in Na. Ka. No. 4866/AA1/2022, in respect of the petitioner school, on the file of the 3rdrespondent, for the present, in respect of the petitioner and render justice.
31. Under the circumstances unless there is an urgent order of interim stay of the impugned Staff-Fixation for the year 2022-2023, and the consequential order of deployment dated 23.01.2023, in Na. Ka. No. 4866/AA1/2022, in respect of the petitioner school, on the file of the 3rd respondent, the petitioner will be greatly prejudiced. The 3rd respondent is compelling the petitioner and the deployed teachers to comply with the order of impugned deployment or otherwise threatening a stoppage of teaching grant to the entire petitioner school. Therefore, an urgent order of interim stay of the impugned deployment and a direction to allow the deployed B.T. Assistants, namely Sr. Ambikaveni, Sr. A. Sahaya Rani and Sr. Mariamma Diasy and not to stop the grant for the petitioner school is highly just and essential.
32. Therefore, it is humbly prayed that this Hon’ble Court may be pleased to grant an order of interim stay of the impugned Staff-Fixation for the year 2022-2023, and the consequential order of deployment dated 23.01.2023, in Na. Ka. No. 4866/AA1/2022, based on the anomalous staff-fixation, in respect of the petitioner school, on the file of the 3rd respondent, pending disposal of the above writ petition, and thus render justice.
33. Therefore, it is humbly prayed that this Hon’ble Court may be pleased to direct the respondents to continue to release salary to the deployed B.T. Assistants, namely Sr. Ambikaveni, Sr. A. Sahaya Rani and Sr. Mariamma Diasy from the petitioner school, Maria Auxilium Girls Higher Secondary School, Kancheepuram, pending disposal of the above writ petition and thus render justice.
For the reasons stated in the foregoing paragraphs, it is humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ or order or direction in the nature of a Writ, calling for the records pertaining to the impugned Staff-Fixation for the year 2022-2023, and the consequential order of deployment dated 23.01.2023, in Na. Ka. No. 4866/AA1/2022, based on the anomalous staff-fixation, in respect of the petitioner school, on the file of the 3rd respondent, and quash the same, directing the respondents to comply with the directions issued by the Hon’ble Division Bench regarding staff-fixation, deployment and compendium of schedule, by its order dated 31.03.2021, in W.A. (MD) No. 76 of 2019, as applicable to the petitioner corporate minority school, and pass such further or other orders as it may deem fit and proper in the circumstances of the case and thus render justice.
Solemnly affirmed and signed
on this the 27thday of
January, 2023 at Chennai.