WP(MD)/3227/2025 of The Secretary Vs The Director of School Educa on 12 October 2026

O R D E R

The petitioner is a Private Aided Non-minority School located at Tenkasi District. One Shanmuga Gomathi/the fifth respondent is a Drawing teacher in the petitioner’s School. The petitioner Management has passed an order of punishment of three

WP(MD) No. 3227 of 2025 years stoppage of increment with cumulative effect as against the fifth respondent and the same was subjected for approval before the District Educational Officer, Tenkasi. The District Educational Officer, vide proceedings, dated 18.12.2024 has canceled the punishment imposed on the fifth respondent, by the Private Management School. Challenging the same, the petitioner / the Management of the School has filed this writ petition.

2. The learned counsel appearing for the petitioner/the Management of the School, by referring to the counter affidavit filed by the District Educational Officer submits that the Appointing Authority is the Chief Educational Officer and he is having the jurisdiction to take a decision, on the action taken by the School Management as against the fifth respondent. However, the District Educational Officer, without any jurisdiction, has passed the order impugned and therefore on this ground, it has to be set aside.

WP(MD) No. 3227 of 2025

3. In fact, the fifth respondent herein has filed a writ petition before this Court in WP(MD) No.15716 of 2022, challenging the enquiry proceedings, dated 28.06.2022 and the consequential suspension order, dated 14.07.2022. The said writ petition was disposed of by this Court, by order, dated 24.10.2024, with a direction to the District Educational Officer, Tenkasi to issue notice to the fifth respondent herein as well as the School Management and afford opportunity of personal hearing to them and thereafter pass appropriate order, on the proposal sent by the School Management, within a period of eight weeks from the date of receipt of a copy of that order. As such, the District Educational Officer has passed the order impugned in this writ petition, pursuant to the directions of this Court in WP(MD) No.15716 of 2022, dated 24.10.2024. However, without knowing the jurisdiction of the authority, the District Educational Officer has taken a call on the punishment imposed by the petitioner Management. Neither the petitioner nor the Government Pleader has placed the position of

WP(MD) No. 3227 of 2025 jurisdiction to the Court at the time of disposal of WP(MD) No. 15716 of 2022.

4. The fourth respondent /the District Educational Officer, Tenkasi has filed an affidavit before this Court as under:- ‘Admittedly, appointing authority is only Chief Educational Officer and he is only having jurisdiction to take decision on the action taken by the School Management, but in the present case, this Court, vide order, dated 24.10.2024 passed in WP(MD) No.15716 of 2022 specifically directed the third respondent therein, i.e District Educational Officer to conduct enquiry and pass orders. Pursuant to the direction issued by this Court, the fourth respondent herein issued notice and conduct enquiry and passed orders on the same, hence, the contention of the writ petitioner herein that the fourth respondent herein do not have jurisdiction is liable to be rejected.’

WP(MD) No. 3227 of 2025

5. When admittedly the Chief Educational Officer is the concerned jurisdiction officer to take a call on the punishment, if any, imposed by the petitioner Management and the same has been made by the District Educational Officer, this Court is inclined to interfere with the order passed by the fourth respondent, on this ground alone.

6. Accordingly, the order passed by the District Educational Officer, Tenkasi, dated 18.12.2024 is hereby set aside. The Chief Educational officer, Tenkasi is directed to look into this issue and pass suitable orders, after providing opportunity to the petitioner Management as well as to the fifth respondent, within a period of three months from the date of receipt of a copy of this order.

WP(MD) No. 3227 of 2025

7. This writ petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous petitions are closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VRN

WP(MD) No. 3227 of 2025 To

1. The Director of School Education DPI Complex, College Road, Chennai

2. The Joint Director of School Education Chennai 6

3. The Chief Educational Officer Chief Educational office, Tenkasi District, Tenkasi

4. The District Educational Officer The District Educational Officer Tenkasi, Tenkasi District.

WP(MD) No. 3227 of 2025 B.PUGALENDHI, J. vrn Order made in WP(MD) No. 3227 of 2025 12.10.2026