The Madras High Court disposed of a writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the chief educational officer in relation to the proceedings and quash the same issued against the petitioner who is a BT assistant(Geography) at Government Girls Higher Secondary School, Thiruthuraipoondi, Thiruvarur District.

A bench of Justice C.V. Karthikeyan disposed of the petition and observed "If there are other schools where his services are required, he should be all the more willing to voluntarily accept such transfer to move over to the said school.......The object of working as a teacher is to impart knowledge and skills to needy students and not to hold on to his own comfort posting".

The petitioner herein was appointed as BT assistant(Geography) by Teachers Recruitment Board on September 3, 2009, after being appointed to various schools, he was finally transferred to Government Girls Higher Secondary School, Thiruthuraipoondi, Thiruvarur District on July 13, 2012. Thereafter consequent to a decision taken by the government of Tamil Nadu, a staff strength was sanctioned for the school, pursuant to this the petitioner was exceeding the sanctioned strength, therefore an order was passed for transferring the petitioner to another needy school. The petitioner has challenged the order issued against him.

Advocate R.Saseetharan appeared for the petitioner and Advocate N.Naveen Kumar appeared for the respondent(s).

The Counsel for the petitioner drew attention to an order passed by the school education department on December 29, 1997, which states that whenever a teacher is found surplus, the teacher should be redeployed to a needy school and if such a course is not possible, the teacher concerned shall be allowed to continue in the same school till his retirement. Thereafter, the post shall be surrendered. In another order passed by the government of Tamil Nadu on June 27, 2003, a policy decision had been taken to appoint B.T. Assistant Teachers in the place of Secondary Grade Teachers for 6th, 7th and 8th standard students for Science, Mathematics and English besides Tamil for middle school students.

The counsel for the petitioner argued that the impugned transfer order is in violation of the government orders and the petitioner should not be disturbed from his present place of posting. Further another government order was passed on July 20, 2019 wherein it stated, "Surplus teachers have to be determined and transferred to another needy school by way of deployment counselling". The counselling was to be held on May 22, 2023.

The Bench observed that if there are schools wherein the surplus teacher could be appointed, they should voluntarily accept, in this context, the Court held "If there are other schools where his services are required, he should be all the more willing to voluntarily accept such transfer to move over to the said school".

The Court further observed that a teacher should impart knowledge to the kids in need and not hold on to their own comfort posting, and further observed "The object of working as a teacher is to impart knowledge and skills to needy students and not to hold on to his own comfort posting".

The Bench further held that how this should be an example to all of his students and held, "The petitioner should also realize that he should set an example to the students and should not question each and every administrative order." The impugned order passed for the transfer is only to attend the counselling wherein the petitioner can raise all the objections and the same may be addressed by the respondents, this first step is only to call the petitioner in order to attend counselling, the court stated, "The impugned notice is only the first step calling the petitioner to attend counseling and the writ petition has also been filed only questioning such notice issued to the petitioner".

The Bench while disposing of the petition held that they are not inclined to grant any relief to the petitioner.

Cause title: K.Singaravelu v. The Government of Tamil Nadu and Others [W.P.No.15573 of 2023]

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Justice C.V. Karthikeyan

Kanchan B