K. Thirumaran v. The Joint Director Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.20871 of 2011 K.Thirumaran ..Petitioner Vs 1.The Joint Director of Elementary Education DPI Compound, Chennai-6 2.The Chief Educational Officer, Vellore District, Vellore.
3.The District Elementary Educational Officer, Fort Campus, Vellore.
4.The Assistant Elementary Educational Officer, Assistant Elementary Office, Gudiyatham, Vellore.
5.The Head Mistress(in Charge) Kalaivani Aided Elementary School, Vellore 6.Nandha Kumar (Teacher), Kalaivani Aided Elementary School, Vellore.
Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the Respondents 2 to 4 to consider and dispose of the continuous representations of the Petitioner, dated 11.02.2009, 27.4.2010, 1106.2011 and 30.07.2011, on merits and in accordance with law. For Petitioner :
Mr.K.Mohanamurali For Respondents:
Mr.A.Raja Perumal, AGP-RR1 to 4 Mr.S.N.Ravichandran-R6 No Appearance-R5
ORDER
The prayer in this Writ Petition is to direct the Respondents 2 to 4 to consider and dispose of the representations of the Petitioner, dated 11.02.2009, 27.04.2010, 11.06.2011 and 30.07.2011, on merits and in accordance with law.
2. This Court heard the learned counsel on either side and also perused the materials placed on record.
3. According to the learned counsel for the Petitioner, the Petitioner had made the above said representations to the Respondents 1 to 4, alleging that the 6th Respondent had studied XI Standard (1984-1985) from 01.08.1984 to 28.2.198 and at the same period of time, the he had undergone "Teacher Training Course" and thus, by forging documents, the 6th Respondent had joined as a Teacher in the 5th Respondent School and hence, requesting to take action against the 6th Respondent. Since the authorities failed to take action against the 6th Respondent, this Writ Petition has been filed, seeking the relief as stated above.
4. The learned Additional Government Pleader for the Respondents 1 to 4 has submitted that the representation of Petitioner will be disposed of, on merits and in accordance with law, within a time to be specified by this Court. It is also submitted that the nomenclature of the 3rd Respondent has now been changed to "District Educational Officer'.
5. The learned counsel for the 6th Respondent has denied the allegations made by the Petitioner and that the 6th Respondent may be given an opportunity to make his objections before the 3rd Respondent.
6. Considering the facts and circumstances of the case and the submissions of the learned counsel on either side, without going into the merits of the case, the 6th Respondent is permitted to make his objections before the 3rd Respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of such objections within the said period, the 3rd Respondent (re-designated as District Educational Officer, Vellore) is directed to consider and dispose of both the representation of the Petitioner, dated 30.07.2011 and the objections of the 6th Respondent, after giving sufficient opportunity to the parties concerned, on merits and in accordance with law, within a period of twelve weeks thereafter. This Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Srcm 1.The Joint Director of Elementary Education DPI Compound, Chennai-6
2.The Chief Educational Officer, Vellore District, Vellore.
3.The District Elementary Educational Officer, Fort Campus,Vellore.
4.The Assistant Elementary Educational Officer, Gudiyatham, Vellore.
5.The Head Mistress (i/c) Kalaivani Aide Elementary School, Vellore.
+1cc to Mr.K.Mohanamurali, Advocate, S.R.No.78436 +1cc to the Government Pleader, S.R.No.79187 WP.No.20871 of 2011 RK(CO) rrs 15/03/2019