The Director Of Elementary v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1470 of 2017 and C.M.P.No.19538 and 19539 of 2017
1. The Director of Elementary Education, DPI Complex, College Road, Nungambakkam, Chennai 600 006.
2. The District Elementary Education, Nagapattinam.
3. The Assistant Elementary Educational Officer, Vedaraniam, Nagapattinam District.
Appellants
Versus
The Secretary, Senthamizh Aided Elemntary School, Menakkadu, Vadamazhai Menakkadu, Vedaraniyam Taluk 614 716.
Nagapattinam District.
Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 31.7.2015 passed in M.P.No.1 of 2013 in W.P.No.34745 of 2012 on the file of this court. MP 1/2013 in WP.34745/12:
Prayer :-Petition praying that in circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondents to grant temporary approval of appointment of D.Shyamala Devi as Secondary grade Teacher and Consequently grant salary to be continuously from November 2012 till the disposal in WP.34745/12.
For appellants : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For respondent : No appearance.
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellants.
2. The writ appeal has been filed challenging the interim order passed by the learned Single Judge directing the appellants to give temporary approval for the appointment of the one D.Shyamala Devi by the writ petitioner in the post of Secondary Grade Teacher for a period of five years from the date of appointment to enable her to get qualified in TET examination.
3. Despite various contentions raised by the appellants in the writ appeal, it is now brought to our notice that the candidate had subsequently passed and got qualified in the TET examination and further, the main writ petition itself has been disposed of.
4. In view of the above development in the matter, we are of the view that nothing survives for adjudication in the writ appeal since the then disqualification of the candidate was the basis for denial of approval and as on date, there is no question of disqualification of the candidate considering the fact that the candidate had, subsequently, passed the TET examination. Further, it appears that the main writ petition itself had already been disposed of. Accordingly, the writ appeal is disposed of. No costs. The connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ssk.
To:
1. The Director of Elementary Education, DPI Complex, College Road, Nungambakkam, Chennai 600 006.
2. The District Elementary Education, Nagapattinam.
3. The Assistant Elementary Educational Officer, Vedaraniam, Nagapattinam District.
+1cc to Mr.T.Aananthi, Advocate SR.No.83506 +1cc to Government Pleader SR.No.84221 W.A.No.1470 of 2017 GMR(CO) GN(12/01/2018)