S.Anthonyraj v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Anthonyraj .. Petitioner Vs 1 The Principal Secretary O/o the Department of School Education Secretariat, Chennai - 600 009.
2 The Commissioner O/o the Commissionerate of School Education College Road, Nungambakkam Chennai - 600 008.
3 The Director O/o the Directorate of Primary Education Subhaa Avenue, Nungambakkam Chennai - 600 008.
4 The Director O/o The Directorate of Vigilance And Anti-Corruption (DVAC), No. 293, M.K.N Road, Alandur Chennai - 600 016.
5 The Chief Education Officer Unnamed Road, Kooraikundu Virudhunagar Tamil Nadu - 626 002.
6 The District Education Officer Kaliyappa Nagar, Satchiyapuram Sivakasi, Virudhunagar District - 626 123.
7 P.Indirani 8 A.Muniyasamy 9 S.Manickam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second respondent to consider the petitioner's representation dated 15.12.2022 and forwarded to the fourth respondent for conducting a detailed enquiry for the appointment of the 8th respondent (sic. 9th respondent).
For the Petitioner : Mr.G.Anbalagan For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 3, 5 and 6
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) S.Anthonyraj, son of Soosaimanickam, a resident of Tiruthangal, Virudhunagar District, has filed this writ petition
seeking issuance of a writ of mandamus directing the second respondent to consider the petitioner's representation dated 15.12.2022 and the complaints of the petitioner forwarded to the second respondent by the fourth respondent on 14.11.2022 and 18.11.2022, and conduct a detailed enquiry with regard to the appointment of the ninth respondent as the Secretary of Kalaimangal Primary School; Kalaimagal Higher Secondary School; and, S.N.G. Ladies Higher Secondary School.
2. The affidavit filed in support of the writ petition shows that there are five schools run by Tiruthangal Hindu Nadar Uravinmurai, out of which three schools, namely, (i) Kalaimagal Primary School; (ii) Kalaimagal Higher Secondary School; and (iii) S.N.G.Ladies Higher Secondary School; are run with the financial assistance of the Government of Tamil Nadu. It is averred that the ninth respondent, S.Manickam, was selected by the members of the Administrative Committee as the Secretary on 27.3.2022 for administration of the aforesaid three schools. It is alleged that the ninth respondent up to 21.9.2022 did not furnish the certificates
pertaining to his qualification to the Education Department, as he was doing money-lending business in an illegal way with the aid of hooligans and did not possess any experience in teaching or nonteaching field. It is further pleaded that the ninth respondent is involved in two murder cases. When the background of the ninth respondent shows that he is not competent and morally qualified, his appointment as the Secretary is unacceptable. Therefore, the petitioner sent a representation to the second respondent on 15.12.2022. As the said representation did not evoke any response, the petitioner has been advised to file the present writ petition.
3. A bare perusal of the affidavit does not show a whit of material to substantiate the plea of the petitioner that the ninth respondent is facing murder charges. Neither a copy of the First Information Report, nor a copy of the Charge Sheet filed against the ninth respondent has been produced before this court. Based on mere vague assertions, this court cannot exercise jurisdiction under Article 226 of the Constitution of India.
4. For the foregoing reasons, the writ petition is dismissed. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 23.02.2023 Index :
No No sasi To:
1 The Principal Secretary O/o the Department of School Education Secretariat, Chennai - 600 009.
2 The Commissioner O/o the Commissionerate of School Education College Road, Nungambakkam Chennai - 600 008.
3 The Director O/o the Directorate of Primary Education Subhaa Avenue, Nungambakkam Chennai - 600 008.
4 The Director O/o The Directorate of Vigilance And Anti-Corruption (DVAC), No. 293, M.K.N Road, Alandur Chennai - 600 016.
5 The Chief Education Officer Unnamed Road, Kooraikundu Virudhunagar Tamil Nadu - 626 002.
6 The District Education Officer Kaliyappa Nagar, Satchiyapuram Sivakasi, Virudhunagar District - 626 123.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 23.02.2023