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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
The Correspondent, St. Xavier's High School, Kannicheripudur – Petitioner
Versus
The State of Tamil Nadu – Respondent
W.P. (MD) No. 10575 of 2017, W.M.P. (MD) Nos. 8057, 8058, 9260 of 2017
Decided On : 08-08-2024
Writ Petition - Educational Administration - The court dismissed the writ petition as infructuous, acknowledging the petitioner's counsel's submission that the relief sought was no longer necessary, thereby indicating that the legal provisions regarding the fixation of staff and deployment of educational posts were not applicable in this instance due to the change in circumstances.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the staff-fixation for the academic year 2016-2017, which rendered the post of BT Assistant in English as surplus and led to its deployment to another school.
Finding of the Court:
The court noted the petitioner's counsel's statement that the relief sought had become infructuous, leading to the dismissal of the writ petition.
Issues: Whether the writ petition challenging the staff-fixation and deployment of the BT Assistant post was still relevant or necessary.
Ratio Decidendi: The court determined that since the relief sought was no longer applicable, the petition could not proceed.
Result: The writ petition was dismissed as infructuous, with no order as to costs.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records relating to the impugned staff-fixation settled by the fourth respondent District Educational Officer to the petitioner's school for the academic year 2016-2017 vide proceedings in Na.Ka.No. 3705/A3/2016 dated 26.10.2016 rendering the post of BT Assistant in English as surplus and the consequential proceeding of the third respondent Chief Educational Officer in Na.KA.No. 5767/A1/2016 dated 28.04.2017 deploying the post of BT Assistant in English to other school, quash the same.
1. The learned Counsel for the petitioner submits that the relief sought for in this Writ Petition has now become infructuous. He has also made an endorsement to that effect in the Court bundle.
2. Recording the same, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
A writ petition under Article 226 can be dismissed as infructuous if the relief sought is no longer necessary or applicable due to changed circumstances.
A writ petition becomes infructuous when the relief sought is no longer necessary due to subsequent developments, such as a promotion.
The court emphasized the necessity of adhering to prior court directives in appointment approvals, particularly considering the timing of the petitioner's appointment relative to the surplus teacher ....
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
A writ petition becomes moot and is subject to dismissal when the relief sought has already been achieved by the petitioner.
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