N.Jeyaraj v. The Chief Educational Officer

O R D E R Heard Mr.Ananth C.Rajesh, learned Counsel for the Petitioner, Mr.C.Jeganathan, learned Counsel for Government of Tamil Nadu, who takes notice for Respondents 1 and 2 and Mr.P.B.Suresh Babu, who takes notice for 3rd Respondent.

¶2This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, challenging the final order dated

21.01.2026 passed by the 3rd respondent in an unnumbered internal enquiry and Letter No.002/2006 dated 03.02.2026 as being in violation of the principles of natural justice, and consequently directing the respondents to restore the appointment of the petitioner as Junior Assistant in the 3rd respondent School.

¶3When the matter was taken up on 16.04.2026, this Court passed the following order: "Considering the facts and circumstances of this case, this Court has already passed an interim order on

12.03.2026 staying the operation of the impugned proceedings dated 03.02.2026 only to the extent of reverting the petitioner to the post of Night Watchman from the post of Junior Assistant.

¶2Again, the matter came up for consideration, today and it is brought to the notice of this Court by learned counsel for the petitioner that the petitioner herein was directly appointed to the post of Junior Assistant and therefore, there is no question of reverting him to the post of Night Watchman, as a major of punishment does not arise. It is not in dispute that the petitioner herein was appointed directly to the post of Junior Assistant and he was never worked as Night Watchman in the 3rd respondent School. The punishment of reversion to the post of Night Watchman imposed through proceeding stated 21.01.2026, prima facie appears to be erroneous and totally unsustainable. Therefore, the same needs to be interfered with.

¶3Learned counsel appearing for the respondent No.3 is also not in a position to explain as to how the punishment was imposed on the petitioner through the impugned proceedings dated 21.01.2026.

¶4In the circumstances, there shall be an order of interim stay of the impugned proceedings dated

21.01.2026 and 3.02.2026 until further orders.

¶5Insofar as the proceedings dated 23.03.2026 impugned in W.P.(MD)No.9993 of 2026 is concerned, the same appears to be as a consequence of the interim order passed by this Court in W.P(MD)No.6840 of 2026 dated 12.03.2026. After concluding the disciplinary proceedings against the petitioner, the respondent No.3-School instead of passing appropriate order of punishment, is now trying to keep the petitioner out of employment, in the guise of placing him under suspension. As the disciplinary proceedings have already concluded, the question of placing the petitioner under suspension does not arise and the same is totally impermissible.

¶6In the circumstances, there shall be an order of interim stay of the proceedings dated 23.03.2026 which is impugned in W.P(MD)No.9993 of 2026, with a further direction to the respondent No.3-School to continue the petitioner in the post of Junior Assistant, till the next date of hearing.

¶7List the matter for filing counter of respondent No.3, on 05.06.2026.

¶8In case, if the respondent No.3 school keeps the petitioner out of service on whatsoever ground, the liability to pay the salary of the petitioner for such period shall be at the sole responsibility of the respondent No.3 school."

¶4Thereafter, the case was posted to 05.06.2026 and the interim order of stay granted was extended.

¶5Today, when the matter is taken up once again for consideration, the learned counsel appearing for the 3rd respondent contended that the Writ Petition itself is not maintainable, as the 3rd respondent is a minority institution. However, this Court is not convinced by the said submission, as the issue that arises for consideration in the present Writ Petition pertains to a person holding an aided post, on whom the punishment of reversion has been imposed, which was prima facie found to be impermissible, as observed in the above order dated 16.04.2026. However, after having argued the matter for some time, the learned counsel for the 3rd respondent submitted that the 3rd respondent may be permitted to withdraw the impugned proceedings and to pass appropriate orders in accordance with law.

¶6In the light of the above, the impugned proceedings dated

21.01.2026 and the Letter No.002/2006 dated 03.02.2026 are hereby quashed and the 3rd respondent is directed to pass orders afresh strictly in accordance with law.

¶7Accordingly, this Writ Petition is disposed of on the above terms. There shall be no order as to costs. Consequently, the connected miscellaneous petitions stand closed.

20.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr To:

1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi District, Tenkasi.

3.The Correspondent, S.S.V. Higher Secondary School, Mathapattanam, Koviloothu Post, Kadayam (Via), Tenkasi District - 627 415. MUMMINENI SUDHEER KUMAR

, J.

Nsr

20.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)Nos.5672 and 5674 of 2026 N.Jeyaraj ... Petitioner vs. 1.The Chief Educational Officer, Tenkasi District, Tenkasi. 2.The District Educational Officer, Tenkasi District, Tenkasi. 3.The Correspondent, S.S.V. Higher Secondary School, Mathapattanam, Koviloothu Post, Kadayam (Via), Tenkasi District - 627 415. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in an unnumbered internal enquiry and its final order dated 21.01.2026 and the Letter No.002/2006 dated 03.02.2026 and quash the same as violation of Principles of natural justice and consequently direct the respondents to restore the appointment of the petitioner as Junior Assistant in the 3rd respondent School within the period stipulated by this Court. For Petitioner : Mr.Ananth C.Rajesh For R-1 & R-2 : Mr.C.Jeganathan Counsel for Government of Tamil Nadu For R-3 : Mr.P.B.Suresh Babu *****