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2025 Supreme(Online)(Mad) 63825
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. JAGADISH CHANDIRA, J
E.Pangajam – Appellant
Versus
The Director of Elementary Education DPI Complex, College Road, Chennai - 600 006 – Respondent
W.P.No. 38767 of 2025 | W.M.P.No. 43371 of 2025
For the Appellants/Petitioners: Mr. G.Sankaran, Mr.S.Nedunchezhiyan
For the Respondents: Mrs. Mythreye Chandru
Judiciary confirms that enrollment numbers govern teacher surplus status under education law.
Headnote:The judgment concerns a Writ of Mandamus under Article 226 of the Constitution regarding alleged violations of the Right to Education Act in the transfer of a teacher. The court found that the petitioner was unjustly apprehensive of surplus status, noting enrollment exceeded reported figures. The court concludes that the petition lacks merit and dismisses it. Final order: The present Writ Petition stands closed.
| Table of Content |
|---|
| 1. respondents counter with valid student enrollment. (Para 4 , 4 , 6) |
| 2. petitioner challenges a teacher transfer. (Para 1) |
| 3. petitioner argues transfer violates education laws. (Para 2 , 3) |
| 4. court reviews submissions and records. (Para 5) |
| 5. court dismisses petition as lacking merit. (Para 7) |
4.S.Shanmugapriya ...Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, directing the respondents to pass orders on the objection/representation submitted by the petitioner dated 18.06.2024 through proper channel, for cancellation of illegal transfer on deployment of 4th respondent to Corporation Middle School, Thirunagar Colony, Erode, in the absence of student's strength and in violation of provisions of the Right of Children to Free and Compulsory Education Act , 2009, G.O(ID).No.217, School Education Department dated 20.06.2019 as well as in Paragraph-3 of G.O.Ms.No.176 , School Education Department dated 17.12.2021 and consequently protecting the petitioner from being declared as surplus teacher in Corporation Middle School, Thirunagar Colony, Erode.
For Petitioner : Mr. G.Sankaran Senior Counsel For Mr.S.Nedunchezhiyan For Respondents : Mrs. Mythreye Chandru
1 to 3 Special Government Pleader.
(Education)
ORDER
This Writ Petition is filed seeking the relief of a Mandamus, directing the respondents to pass orders on the objection/representation submitted by the petitioner dated 18.06.2024 through proper channel, for cancellation of illegal transfer on deployment of the 4th respondent to the Corporation Middle School, Thirunagar Colony, Erode, in the absence of student's strength and in violation of the provisions of the Right of Children to Free and Compulsory Education Act , 2009, G.O(ID).No.217, School Education Department dated 20.06.2019 as well as in Paragraph-3 of G.O.Ms.No.176 , School Education Department dated 17.12.2021 and consequently protecting the petitioner from being declared as a surplus teacher in the Corporation Middle School, Thirunagar Colony, Erode.
2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner is working in the Corporation Middle School, Thirunagar Colony, Erode. He would submit that as on 01.08.2024, there were 141 students in the Corporation Middle School, Thirunagar Colony, Erode and therefore the school can have 5 number of teachers, whereas in violation of the provisions of the Right to Education Act, the 4th respondent was transferred from Panchayat Union Primary School, Veerappanchatram, Erode. The 2nd respondent has issued the impugned order dated 13.06.2024, transferring the 4th respondent to the School where the petitioner is working. Therefore, the petitioner apprehends that she may be transferred to some other school.
3. The learned Senior Counsel would reiterate that the proceedings passed by the 2nd respondent is in violation of the RTE Act. Therefore, the present Writ Petition is filed, challenging the order.
4. Per contra, Mrs. Mythreye Chandru, Special Government Pleader (Education), appearing for the respondents 1 to 3, would submit that the petitioner had assumed that there are only 141 students in that school, whereas, the fact remains that there are 153 students studying in that school. Therefore, as per the provisions of the RTE Act, the school is entitled to have 5 Teachers + 1 Head Teacher. Hence, the petitioner as well as the 4th respondent are not surplus teachers as claimed by the petitioner. Therefore, the Writ Petition deserves to be dismissed.
5. Heard the learned counsels appearing on either sides and perused the records.
6. A perusal of the records shows that the Writ Petition has been filed based on the letter of the Head Master dated 03.07.2025, wherein he had stated that there are only 141 students. The learned Special Government Pleader, has submitted that there are 153 students and therefore the school can have 5 teachers + 1 Head Teacher and the petitioner a
