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2023 DAILYLAW 5276 (MAD)

J.Swarna v. The State of Tamil Nadu

WA/1382/2023 · 2026-07-14

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2023

Judgment text

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WA No. 1382 of 2023 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 1382 of 2023 AND WP NO. 37522 OF 2024 CMP Nos. 13476 of 2023 and WMP NO. 40556 OF 2024 W.A.No.1382 of 2023 J.Swarna W/o.R.C. Swamikkan Samuel, 3A, Malavika Apartment, 2 / 4, Seethammal Colony, 1st Cross Street, Alwarpet, Chennai- 600018. ..Appellant Vs 1. The State of Tamil Nadu Rep by its Principal Secretary, Department of School Education, Fort St George, Chennai- 600 009. 2. The Commissioner of School Education College Road, Chennai- 600 006. 3. The Chief Educational Officer Presidency Girls Hr.Sec.School. Spurtank Road, Egmore, Chennai- 600 008. 4. The District Educational Officer (East) Naddukuppam, Triplicane, Chennai- 600005. 5. The Correspondent YMCA Boys Town High School, Fort St. George, Chennai- 600 009. https://www.mhc.tn.gov.in/judis WA No. 1382 of 2023 __________ Page2 of 7 6. P.Asir Pandian Correspondent, YMCA Boys Town High School, Fort St. George, Chennai- 600 009. ..Respondents WP No. 37522 of 2024 J.Swarna W/o.R.C.Swamikkan Samuel, 3a, Malavika Apartment, 2/4,Seethammal Colony,1st Cross Street, Alwarpet, Chennai -600 018. ..Petitioner Vs 1. The State Of Tamil Nadu, Rep. By Its Principal Secretary Department Of School Education, Fort St.George, Chennai -600 009. 2. The Commissioner Of School Educaiton, College Road, Chennai -600 006. 3. The Chief Educational Officer, Presidency Girls Hr.Sec.School Spurtank Road, Egmroe, Chennai -600 008. 4. District Educational Officer, District Educational Office(south), Saidapet, Chennai -600 015. 5. Tmt.R..Csaraswathy, District Educational Officer, District Educational Office(south), Saidapet, Chennai -600015. 6. Ymca Boys Town High School, Rep. By Its Correspondent, Mr. P.Asirpandian, Fort St. George, Chennai -600 009. 7. P.Asirpandian, Correspondent, Ymca Boys Town High School, Fort St. George, Chennai-9 ..Respondents https://www.mhc.tn.gov.in/judis WA No. 1382 of 2023 __________ Page3 of 7 Prayer in WA No. 1382 of 2023 : Writ Appeal under Clause XV of the Letters Patent to set aside the Order dated 06-07-2022 in W.P.No.16365 of 2022. Prayer in WP No. 37522 of 2024 : Writ Petition under Article 226 of the Constitution for a Writ of Declaration declaring that that the Order of termination passed by the Management in pursuance of the enquiry conducted by the enquiry officer dated 25.09.2023 and termination order dated 31.05.2024 the sanction for dismissal of Petitioner from service as Headmistress of YMCA boys Town High School, Fort St. George, Chennai -600 009 given by the District Educational Officer in Proceeding In RC.No. 1273/A6/2004,dated 30.05.2024 as null and void consequently direct the Respondents 1 to 3 to allow the Petitioner to retire from service as Headmistress of YMCA Boys Town High school, Fort St. George, Chennai 600 009 and from 28.05.2024 and to pay the Salary from 01.07.2022 until the date of retirement 28.05.2024 and to send the pension proposal to the Accountant General and to pay all terminal benefits with 12percentage interest until the date of payment. In W.A and W.P. For Appellant : Mr.V.Paul Paneer Selvam For Respondents : Dr.R.Gouri, Government Counsel for R1 to R4, Mr.V.R.Thangavelu for R5 & R6 https://www.mhc.tn.gov.in/judis WA No. 1382 of 2023 __________ Page4 of 7 Common Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The writ petitioner is the appellant. The relief sought for in the writ petition to issue a writ of declaration that the action taken against the petitioner in respect of appearance as witness and depose before the VII Metropolitan Magistrate Court as per the summons dated 05.03.2020 in C.C.No.3267 of 2017 and the CSR given by the Inspector of Police dated 06.03.2021 in respect of missing of vessels through the noon meal organizer of the school in CSR No.8 / 2021 is illegal and consequential enquiry of 6th Respondent dated 01.09.2021, 11.02.2022, 14.02.2022, 21.02.2022, 22.03.2022, 29.03.2022, 12.04.2022, 19.05.2022, 25.05.2022 27.05.2022, 31.05.2022 and 02.06.2022 and thereby reduction of rank from Headmistress to class teacher without the consent of competent authority under Rule 17(a) of Tamil Nadu Recognized Private Schools Regulation Rules, 1974 is null and void and against the education code. 2. The relief as such sought for in the writ petition per se is not entertainable. No departmental action has been initiated against the petitioner for her non-appearance or otherwise. However, if any disciplinary action is initiated then alone the cause would arise. Learned Government Counsel brings to the notice of this Court that disciplinary action was initiated by the https://www.mhc.tn.gov.in/judis WA No. 1382 of 2023 __________ Page5 of 7 management of the school and the appellant was terminated from services. If so, the appellant has to approach the competent authority of the education department by preferring an appeal. Therefore, the appellant has to exhaust the statutory appellate remedy available at the first instance and thereafter approach the writ court if her grievances are not redressed. Since the appellant has already been terminated, it is unnecessary to adjudicate the present writ appeal on merits. Consequently, the writ appeal stands dismissed. No costs. Consequently connected miscellaneous petition is closed. 3. In view of the order passed in the writ appeal, no further orders are necessary in the writ petition and Writ Petition No.37522 of 2024 filed by the appellant is also dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 1382 of 2023 __________ Page6 of 7 To 1. The Principal Secretary, Department of School Education, Fort St George, Chennai- 600 009. 2. The Commissioner of School Education College Road, Chennai- 600 006. 3. The Chief Educational Officer Presidency Girls Hr.Sec.School. Spurtank Road, Egmore, Chennai- 600 008. 4. The District Educational Officer (East) Naddukuppam, Triplicane, Chennai- 600005. 5. The Correspondent YMCA Boys Town High School, Fort St. George, Chennai- 600 009. 6. P.Asir Pandian Correspondent, YMCA Boys Town High School, Fort St. George, Chennai- 600 009. https://www.mhc.tn.gov.in/judis WA No. 1382 of 2023 __________ Page7 of 7 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 1382 of 2023 AND WP NO. 37522 OF 2024 14-07-2026 https://www.mhc.tn.gov.in/judis