← Library
Madras High CourtWP/15318/2016disposed of

K.Marimuthu, v. Joint Director Of Secondary

2018-10-09Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.15318 of 2016 T. Marimuthu ... Petitioner

Versus

1.Joint Director of Secondary Education, College Road, Chennai-600 006.

2.District Educational Officer, Srivilliputtur Educational District, Srivilliputtur-626 125, Virudhunagar district.

3.The Secretary, A.A.G.M. High School, No.18, C.V.Raman Salai, Alwarpet, Chennai-600 018. ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus, directing the first respondent to consider the representation dated 12.01.2016 made by the petitioner through the second respondent as against the third respondent, requesting to appoint a Special officer, to withdraw the recognition and to take over the third respondent management, within a time frame as may be fixed by this Hon'ble Court. For Petitioner : Ms. Elizabeth Ravi for Mr. P. Raja For Respondents : Mrs.V.Annalakshmi (For R1 & R2) Government Advocate : No appearance (For R3)

O R D E R

The Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the representation dated 12.01.2016 made by the petitioner through the second respondent as against the third respondent, requesting to appoint a Special officer, to withdraw the recognition and to take over the third respondent management, within a time frame as may be fixed by this Hon'ble Court.

2. The Petitioner is a teacher, working in the third respondent school, which is a private school, getting aid from the Government. It is stated that the petitioner himself was issued with a charge memo and punishment was imposed on the petitioner contrary to the rules and regulations framed under the Private Schools Regulation Act, 1973. It is further stated that the third respondent has not followed the specific direction of the 2nd respondent, setting aside the order of the third respondent, stopping increment. It is also stated that the third respondent has not followed the further direction of the second respondent dated 08.09.2015. The request in the representation was to take action against the third respondent in terms of rule 14(2) of the rules framed under the Tamil Nadu Recognized Private Schools Regulation Act 1973. 3.

Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, this Court, without expressing any opinion about the merits of the petitioner 's submission, is inclined to pass the following direction:

The first respondent is directed to consider the representation of the petitioner dated 12.01.2016 on merits and in accordance with law, after affording an opportunity to the third respondent, within a period of six weeks from the date of receipt of copy of this order.

4.

The writ petition stands disposed of with the above direction. No Costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

mpa/tsi To 1.Joint Director of Secondary Education, College Road, Chennai-600 006.

2.District Educational Officer, Srivilliputtur Educational District, Srivilliputtur-626 125.

Virudhunagar district.

3.The Secretary, A.A.G.M. High School, No.18, C.V.Raman Salai, Alwarpet, Chennai-600 018.

+1cc to M/S.Eizabeth Ravi, Advocate Sr.69576 W.P.No.15318 of 2016 ppa[co] srg 29/10/2018