THE HEADMISTRESS AND CORRESPONDENT, v. THE STATE OF TAMIL NADU
WP/26837/2026 · 2026-07-15
P T Asha
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 54538 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 54538 (MAD) · dailylaw.ai ]
Judgment text
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WP No. 26837 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 26837 of 2026 AND WMP NO. 29388 OF 2026,WMP NO. 29390 OF 2026 The Headmistress And Correspondent, St.Annes Girls Higher Secondary School, cuddalore - 607001. ..Petitioner(s) Vs
1. The State Of Tamil Nadu Rep. by its Secretary, Department of School Education, Fort St.George, chennai - 600009.
2. The Director of School Education College road, chennai - 600006.
3. The chief Educational Officer Chief Educational Office, cuddalore - 607001.
4. The District Educational Officer District Educational Office, cuddalore -607001. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned orders issued by the 3rd respondent chief educational officer in Na.ka.No.9923/Aa2/2025 dated 17.09.2025 in so far as it renders the post of record clerk as surplus and Na.Ka.No.3338/Aa2/2026 dated 27.04.2026 (as signed) returning the proposal for approval, quash the same, and further direct the 3rd and 4th respondents to approve forthwith the appointment of MRS.R.Asha mary as record clerk with effect from 03.10.2025 in the petitioner https://www.mhc.tn.gov.in/judis
WP No. 26837 of 2026 __________ Page2 of 5 school and disburse the grant-in-aid towards her salary and allowances with effect from the said date. For Petitioner(s): Ms. H.Mary Sowmi Rexi for M/s.Isaac Chambers For Respondent(s): Mr.L.Gokulraj, GA for R1 to R4.
ORDER This Writ Petition has been filed for the followed reliefs:-
“calling for the records relating to the impugned orders issued by the 3rd respondent chief educational officer in Na.ka.No.9923/Aa2/2025 dated 17.09.2025 in so far as it renders the post of record clerk as surplus and Na.Ka.No.3338/Aa2/2026 dated 27.04.2026 (as signed) returning the proposal for approval, quash the same, and further direct the 3rd and 4th respondents to approve forthwith the appointment of MRS.R.Asha mary as record clerk with effect from 03.10.2025 in the petitioner school and disburse the grant-in-aid towards her salary and allowances with effect from the said date.”
2. Heard the learned counsel on either side and perused the records. By consent of the learned counsel on either side, the matter was taken up for final disposal at the stage of admission.
3. In a similar circumstances, this Court in W.P(MD).No.17044 of 2023, dated 10.10.2023 has considered the very same issue involved in the present writ petition and granted the following relief: https://www.mhc.tn.gov.in/judis
WP No. 26837 of 2026 __________ Page3 of 5
“...6. The Court has stayed the implementation of G.O.Ms.No.238 School Education [Pa.Ka.6(1)] Department, dated 13.11.2018 on 14.06.2019. On thereafter, the order of appointment has been issued by the petitioner school management in favour of one S.Rajesh on 03.07.2019. Hence, it is clear that the
order of appointment in favour of S.Rajesh has been issued when G.O.Ms.No.238 School Education [Pa.Ka.6(1)] Department, dated 13.11.2018 was under the stay orders of this Court. Therefore, it is clear that the order impugned in the writ petition relying upon G.O.Ms.No.238 School Education [Pa.Ka.6(1)] Department, dated 13.11.2018 is not legally sustainable. Therefore, the order impugned in the writ petition is set aside and the matter is remitted back to the file of the third respondent for passing fresh orders in the light of the observations made by this Court in the proceeding paragraphs . The said exercise shall be completed within a period of eight(8) weeks from the date of receipt of a copy of this order.”
4. Since the relief sought in the present writ petition is squarely covered by the aforesaid decision, this Court is inclined to allow the writ petition on the very same terms.
5. Accordingly, this Writ Petition is allowed and the impugned orders are set aside and the matter is remitted back to the file of the third respondent for passing fresh orders in accordance with law, taking into account the orders of https://www.mhc.tn.gov.in/judis
WP No. 26837 of 2026 __________ Page4 of 5 this Court referred to above, within a period of eight(8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR To
1. The State Of Tamil Nadu Rep. by its Secretary, Department of School Education, Fort St.George, chennai - 600009.
2. The Director of School Education College road, chennai - 600006.
3. The chief Educational Officer Chief Educational Office, cuddalore - 607001.
4. The District Educational Officer District Educational Office, cuddalore -607001. https://www.mhc.tn.gov.in/judis
WP No. 26837 of 2026 __________ Page5 of 5 P.T.ASHA J. SHR WP No. 26837 of 2026 AND WMP NO. 29388 OF 2026,WMP NO. 29390 OF 2026 15-07-2026 https://www.mhc.tn.gov.in/judis