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P.S.R.YESUDOSS versus THE DIRECTOR OF MOST BACKWARD CLASSES AND

High Court of Madras

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P.S.R.Yesudoss v. The Director of Most Backward Classes and - W.P.(MD)No.5929 of 2007 [2007] RD-TN 2247 (10 July 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10/07/2007

CORAM:

THE HONOURABLE MR.JUSTICE K.CHANDRU

W.P.(MD)No.5929 of 2007

and

M.P.Nos. 1 and 2 of 2007

P.S.R.Yesudoss ... Petitioner Vs.

1.The Director of Most Backward Classes and

Denotified Communities,

Chepauk,

Chennai - 5.

2.The District Revenue Officer,

Kallar Reclamation(KR)

District Collectorate,

Madurai - 20. ... Respondents PRAYER

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records pertaining to the order dated 9.1.2007 made in Na.Ka.No.H2/48120/05 and the consequential circular in NA.KA.No.H2/18728/2007 dated 18.06.2007 of the 2nd respondent herein and quash the same.

For Petitioner ... Mr.N.Ananthapadmanaban

:O R D E R



The petitioner is working as Headmaster of the Primary School. In the present writ petition he seeks to challenge the order dated 09.01.2007 which was issued by the District Revenue Officer (Kallar Reclamation) Madurai. By the said order, two persons who are working as Supervisors of the School on transfer from the post of Headmaster were reverted and pursuant to that, under the impugned order, advice is given to prepare a panel for promoting to the post of Supervisor of the School. Under the impugned order, a direction is given to follow the special Rules relating to the said category. Under the special Rules belonging to Tamil Nadu Backward Classes Welfare Subordinate Service, the Supervisor comes under Class-I and under category 7 different sources of recruitment is mentioned which is as follows:-

Category-7

Supervisors of Schools 1. Direct recruitment;

2. Recruitment by transfer from any other service; or

3. Promotion from any of the following categories namely:- i. Secondary Grade Teachers; ii. Higher Elementary Grade Teachers; iii.Lower Elementary Grade Teachers; and iv. Scout Organizers

2. Therefore, the petitioner may also be eligible to be promoted provided he comes within sufficient seniority and the petitioner cannot challenge the reversion of similarly placed persons and those persons are not before the Court. But, however, when the reversion of those teachers were made an interpretation was given by the respondents to follow the Special Rules. The petitioner does not get any cause of action to seek for preference from the post of Primary School Headmaster to the post of Supervisor of the School on the basis of recruitment by transfer. According to the petitioner, it is not permissible that a primary School Headmaster will be given a separate source of recruitment. It must be understood that the Special rules are framed under Article 309 which are legislation in character. This Court cannot amend the Special Rules in order to create a new source of recruitment. In the absence of challenge of the Special rules, the Court cannot examine the claim of the petitioner to be included as one more source of recruitment. Hence, the writ petition is misconceived and stands dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. To

1.The Director of Most Backward Classes and

Denotified Communities,

Chepauk,

Chennai - 5.

2.The District Revenue Officer,

Kallar Reclamation(KR)

District Collectorate,

Madurai - 20. 


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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