K. Jakira Banu v. Joint Director of School Education, (Elementary Education), Chennai
2022-07-12
S.M.SUBRAMANIAM
body2022
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.5822/A1/2014 dt. 17.12.2014.) The learned counsel for the petitioner made a submission that pursuant to the interim order passed in this writ petition, the petitioner is continuing in the same school for about 7 years. 2. The learned Additional Advocate General appearing on behalf of the official respondents states that inspections are being conducted in every academic year and based on the students strength and other aspects, posts will be sanctioned to the aided schools and consequently, the excess teachers will be held as surplus and deployment will be made on need basis. This being the government policy adopted consistently in respect of all aided schools, the same principle is to be adopted in the 4th respondent aided school also. 3. This Court is of the considered opinion that no teacher is entitled to claim a particular post or place as a matter of choice. The posts are sanctioned based on the students strength. In the event of non availability of required students, teachers cannot be kept in a school and salary be paid from the tax payers money which will result in financial loss to the State exchequer. Therefore, a judicious approach is required by the education department to ensure that the services of the teachers are utilised for the benefit and welfare of the students studying in the school and for imparting better education. If there are no students available in a particular school, the teachers are to be deployed in another school for the benefit of the students who are all studying in other schools and not having required teachers. Such a policy is to be followed uniformly and without any inconsistency. 4. The learned Additional Advocate General made a submission that at present 312 students are studying in the 4th respondent school and accordingly, posts are sanctioned. In view of the fact that the inspections are conducted in every academic year, such an exercise is to be done on yearly basis and by passing suitable orders. 5.
4. The learned Additional Advocate General made a submission that at present 312 students are studying in the 4th respondent school and accordingly, posts are sanctioned. In view of the fact that the inspections are conducted in every academic year, such an exercise is to be done on yearly basis and by passing suitable orders. 5. This being the factum and the principles to be followed, the official respondents are at liberty to initiate all appropriate actions based on the current academic year inspection report and based on the students strength as per the government policy in the matter of redeployment of the excess teachers in other schools. 6. With these observations, the writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.