Madras High CourtWP/3358/2022dismissed as infructuous

P.Karunakaran v. The Chief Educational Officer

2023-09-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.16930 of 2022 P.Karunakaran ... Petitioner Vs.

1.The Chief Educational Officer, Ranipet District at Ranipet.

2.The District Educational Officer, District Educational Office, Arakkonam - 631 003 Ranipet District.

3.The District Educational Officer, District Educational Office, Vellore District.

4.The Regional Education Officer, The Regional Education Office, Vellore Urban, Vellore District.

5.Vellore Urban Assistant Educational Officer, District Educational Office, Kottai Round Periyar Park, Vellore, Vellore District.

6.K.Saraswathy ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 4th respondent herein to conduct the enquiry with the 6th respondent and send the report to the 2nd respondent and consequently, to take disciplinary action against the 6th respondent accordingly, based on the direction passed by the 2nd respondent in Na.Ka.No.3116/m3/2020, dated 21.09.2021. For Petitioner : Mr.P.Britto For R1 to R4 : Mr.V.Jeevagiridharan Additional Government Pleader

O R D E R

This writ petition has been filed to direct the 4th respondent herein to conduct the enquiry with the 6th respondent and send the report to the 2nd respondent and consequently, to take disciplinary action against the 6th respondent accordingly, based on the direction passed by the 2nd respondent in Na.Ka.No.3116/m3/2020, dated 21.09.2021. 2.The petitioner states that he has been involved in doing social works. It is the case of the petitioner that the 6th respondent, who was appointed as Elementary School Teacher in the year 1996 under SC-Adi Dravidar Community, does not belong to SC Community and that she has

got appointment by suppressing her original religion and Community. In this regard, the petitioner has sent a legal notice dated 30.11.2020 to the respondents to conduct a departmental enquiry against the 6th respondent. However, so far, no enquiry has been conducted. Hence, the writ. 3.A counter affidavit has been filed by the respondents, wherein, at Para No.3, they have stated that, based on the representation made by the petitioner, enquiry was conducted against the 6th respondent on 03.02.2022 and it was found during the enquiry that the 6th respondent belongs to SC Community.

4.In such view of the matter, nothing survives in this writ petition. Therefore, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 04.09.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order

N. SATHISH KUMAR, J.

mkn To 1.The Chief Educational Officer, Ranipet District at Ranipet.

2.The District Educational Officer, District Educational Office, Arakkonam - 631 003 Ranipet District.

3.The District Educational Officer, District Educational Office, Vellore District.

4.The Regional Education Officer, Regional Education Office, Vellore Urban, Vellore District.

5.The Vellore Urban Assistant Educational Officer, District Educational Office, Kottai Round Periyar Park, Vellore, Vellore District.

04.09.2023