Swamy Renugal Middle School v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.7.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1405 of 2018 Swamy Renugal Middle School Rep by its Correspondent Viswanathaperi - 627 763 Sivagiri Taluk Tirunelveli District ...Appellant/Petitioner

Versus

1 The Secretary to Government Government of Tamil Nadu Fort St. George Chennai-600 009 2 The Director of Elementary Education College Road Nungambakkam Chennai-600 006

3. The District Elementary Educational Officer, Tirunelveli-1.

4 The Additional Assistant Elementary Educational Officer Vasudevanallur Tirunelveli District

...Respondents/Respondents

Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 26.4.2018 passed in W.P.No.10745 of 2018 on the file of this court.

Prayer in WP.No.10745 of 2018:

Petition filed under Article 226 of the constitution of India to issue of Writ of Mandamus directing the respondents 1 and 2 to grant relaxation of five years experience to the appointment of Mrs.V.Jevitha as the Middle School Headmaster in the petitioners school For appellant : Mr.L.Chandrakumar For respondent : Mr.C.Munusamy Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant and Mr.C.Munusamy, learned Special Government Pleader, who takes notice on behalf of the respondents.

2. The writ appeal is filed by the writ petitioner-School challenging the order passed by the learned Single Judge in dismissing the writ petition.

3. It appears that the appellant/writ petitioner-School had sought for approval of the promotion given to one Mrs.V.Jevitha as Middle School Headmistress in their school by relaxing the five years experience in the post of Graduate Teacher and since the same was not considered, the writ petition came to be filed.

4. We find that the learned Single Judge, having elaborately discussed on the issue of rule of relaxation in the light of decisions of the Apex Court and opined that rule of relaxation is stipulated not to extend favouritism and nepotism, negatived the claim of the appellant. We do not find any reason to interfere with the order passed by the learned Single Judge. The writ appeal is dismissed. No costs.

Sd/- Assistant Registrar (CS-VII) // True Copy// Sub Assistant Registrar To:

1 The Secretary to Government Government of Tamil Nadu Fort St. George Chennai-600 009 2 The Director of Elementary Education College Road Nungambakkam Chennai-600 006

3. The District Elementary Educational Officer, Tirunelveli-1.

4 The Additional Assistant Elementary Educational Officer Vasudevanallur Tirunelveli District +1cc to Mr.R.Kamaraj, Advocate SR.No.44809 +1cc to Government Pleader SR.No.45729 W.A.No.1405 of 2018 NMI(CO) SMI/29.08.2018 https://hcservices.ecourts.gov.in/hcservices/