Shanthi v. The State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.5377 of 2025 and W.M.P. No.5941 of 2025 M. Shanthi ... Petitioner vs

1. The State Represented by The Secretary, Ministry of Education, Fort St. George, Chennai 600 001.

2. The Joint Director of College Education, Coimbatore Region, Coimbatore 18.02.2005

3. The Principal, Chikkaiah Naicker College, Veerappan Chatram P.O.

Erode 638 004

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ or writs in the nature of Mandamus directing the respondents to reinstate petitioner into service with all the consequential benefits.

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For Petitioner : Ms. S. Sridevi For Respondents : Mr. C. Jayaprakash, Government Advocate

ORDER

This Writ Petition has been filed in the nature of a mandamus seeking a direction against the respondents to reinstate the petitioner into service with all consequential benefits.

2. In the affidavit filed in support of the writ petition it had been stated that the writ petitioner had been appointed as English lecturer in Chikkaiah Naicker College at Erode, which is an aided college under the control of the Special Officer appointed by the Government. The petitioner was appointed on 28.11.2008. It had also been stated that the petitioner had been categorised as an accused in STC No.9/2017, which prosecution had been initiated under Section 138 of the Negotiable Instruments Act. The trial took place before the Judicial Magistrate Court at Thiruchengode. The petitioner was convicted by a judgment dated 21.01.2020. The appeal filed as against the same suffered an order of dismissal. The only relief that was given to the petitioner was that there was a modification in the sentence imposed.

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3. It has been contended that there is yet another criminal case which has been registered against the petitioner for receipt of amount promising employment. It is also stated on behalf of the respondents that departmental proceedings are also contemplated against the petitioner herein.

4. In view of these facts, the mandamus as sought for by the petitioner cannot be issued. The petitioner will have to abide by the Rules and Regulations of the respondents and this Court cannot come to the assistance of the petitioner. This Writ Petition stands dismissed. No costs. Consequently connected miscellaneous petition is closed. Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 3/5

To

1. The Secretary, Ministry of Education, Fort St. George, Chennai 600 001.

2. The Joint Director of College Education, Coimbatore Region, Coimbatore 18.02.2005

3. The Principal, Chikkaiah Naicker College, Veerappan Chatram P.O.

Erode 638 004.

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C.V. KARTHIKEYAN, J.

bga W.P.No.5377 of 2025 and W.M.P. No.5941 of 2025 5/5