B.Sivarajan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 4909 of 2022 and W.M.P. No. 5059 of 2022 B.Sivarajan ... Petitioner -vs1. The State of Tamil Nadu Rep. by its Secretary Education Department Fort St. George, Chennai - 600 009.
2. The Commissioner (Higher Secondary) D.P.I. Compound College Road, Chennai - 600 006.
3. The Joint Director School Education Higher Secondary D.P.I. Compound College Road, Chennai - 600 006.
4. The Chief Educational Officer Thalla Kulam, Madurai - 625 002.
5. The District Educational Officer Hakim Ajmal Khan Road Chinna Chokikulam, Madurai Tamil Nadu - 625 002.
6. The Correspondent St. Mary's Higher Secondary School Madurai - 625 001.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Third Respondents, not to insist all and every proceedings /instructions issued contrary to Private School Regulation Act, 1973 and Rules 1974, framed in the matter of staff fixation thereunder and further direct the Fourth and Fifth Respondents to make necessary modifications in
the staff fixation to restore its original status for the year commencing from 2009-10 onwards, with reference to Rule 15 of Private School Regulation Rules, 1974 and G.O. Ms. No. 525 dated 29.12.1997, taking account of the student strength - section wise and further direct the First and Second Respondents to evaluate the Educational certificates of the Petitioner for its genuineness and approve the appointment of the Petitioner with reference to various representation on this account and particularly, representation dated 08.12.2021, of the Sixth Respondent School, on the insistence of the Petitioner, as Physical Education Teacher with all attendant, seniority, monetary and also other benefits attached to the post, with effect from 01.12.2010, being the date of his appointment. For Petitioner : Mr. C.Johnson For Respondents : Mr. Stalin Abhimanyu Additional Government Pleader (Edn)
O R D E R
Since the Petitioner has not shown any specific violation of any statutory provision and the relief sought is vague, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to workout his remedies with specific details and clear relief before the appropriate forum in accordance with law. He has also made an endorsement to that effect in the court record.
In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Maya
To
1. The Secretary Education Department Fort St. George, Chennai - 600 009.
2. The Commissioner (Higher Secondary) D.P.I. Compound College Road, Chennai - 600 006.
3. The Joint Director School Education Higher Secondary D.P.I. Compound College Road, Chennai - 600 006.
4. The Chief Educational Officer Thalla Kulam, Madurai - 625 002.
5. The District Educational Officer Hakim Ajmal Khan Road Chinna Chokikulam, Madurai Tamil Nadu - 625 002.
6. The Correspondent St. Mary's Higher Secondary School Madurai - 625 001.
+1cc to Mr.C.Johnson, Advocate, S.R.No.14903 W.P. No. 4909 of 2022 SPD(CO) SU(05/04/2022)