BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reserving the Order Date of Pronouncing the Order

30.10.2025 12.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.30782 of 2025

and

W.M.P.(MD) Nos.23966 & 23972 of 2025

Correspondent,

R.C. Little Flower Primary School,

Melaputur, Usilampatti,

Madurai District. … Petitioner

-vs-

1.The District Educational Officer,

(Elementary Education),

Tirumangalam, Madurai District. 2.The Block Educational Officer,

Usilampatti, Madurai District. ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records relating to the impugned deputation orders issued by the first respondent District Educational Officer in Na.Ka.No.

4088/A5/2025 dated..10.2025 (received on 24.10.2025) and the consequential proceeding of the second respondent Block Educational Officer in Na.Ka.No. 945/a3/2025 dated...10.2025 (received on 24.10.2025), quash the same in so far as deputing J.Nancy, Secondary Grade Teacher from petitioner's school to Panchayat Union Primary School, Linganayakanpatti, Usilampatti Union and to pass such further orders.

For Petitioner : Ms.A.Amala For Respondents : Mr.Satheesh Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for calling for the records relating to the impugned deputation orders issued by the first respondent District Educational Officer in Na.Ka.No.4088/A5/2025 dated..10.2025 (received on 24.10.2025) and the consequential proceeding of the second respondent Block Educational Officer in Na.Ka.No.945/a3/2025 dated...10.2025 (received on 24.10.2025), quash the same in so far as deputing J.Nancy, Secondary Grade Teacher from petitioner's school to Panchayat Union Primary School, Linganayakanpatti, Usilampatti Union and to pass such further orders

2. Heard Ms.A.Amala, learned counsel appearing for the petitioner, Mr.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents.

3.Ms.A.Amala, learned counsel appearing for the petitioner would submit that the petitioner's School is a minority institution and there are about 13 Secondary Grade Teachers and 1 Headmistress working in the petitioner's school which has a students strength of 482 students. When that being so, a communication was received from the first respondent on 24.10.2025, wherein a Secondary Grade Teacher working the petitioner's school had been deputed to a Panchayat Union Primary School.

4. The learned counsel for the petitioner would submit that the order of deputation on deployment had been made during the mid of the academic year that too without issuing any staff fixation order for the academic year 2025-2026. In that regard, she would submit that such deployment is not only in violation of the Tamil Nadu Private Schools Regulations Act, 2018 and the Rules framed thereunder but also the Compendium prescribed by the Division Bench of this Court in W.A.(MD).No.76 of 2019 with regard to the deployment of teachers from a school where the teachers have been declared to be surplus. She would further submit that the petitioner's school is also a part of a corporate management and in that aspect she would submit that if the staff fixation order has been issued holding that there has been a surplus teacher in the petitioner's school such surplus teacher declared would be accommodated in any other school where there is a eligible vacancy. She would further contest that the order had been made arbitrarily and without following the due process of law and hence she seeks interference with the impugned order.

5. She would also rely upon the judgment of the learned Single Judge of this Court in support of her contentions. She would also further submit that even taking the students strength of the school and the pupil teacher ratio envisaged in schedule to the Right to Compulsory Education Act, 2009, the teacher strength cannot be said to be in surplus of the students strength, requiring deployment