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Madras High CourtWP/5990/2025disposed of

M.J.Agrophine Mary v. The Director Of School Education

2025-02-20Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.02.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.5990 of 2025 M.J. Agrophine Mary ... Petitioner vs

1. The Director of School Education, Puducherry.

2. The Correspondent Immaculate Heart of Mary's Government Aided Boys' & Girls High School, Nellithope, Puducherry 605 005

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue an appropriate order, directions or writ including a writ of Mandamus directing the first respondent to grant approval for the petitioner's appointment as Primary School Teacher with effect from 13.07.2005 and as Trained Graduate Teacher with effect from 31.08.2013 in the second respondent school and grant her all consequential benefits. For Petitioner : Mr. P. Rajendran For Respondents : Mr.R. Syed Mustafa Special Government Pleader (Puducherry) 1/5

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the first respondent to to grant approval for the petitioner's appointment as Primary School Teacher with effect from 13.07.2005 and as Trained Graduate Teacher with effect from 31.08.2013 in the second respondent school.

2.Though the Writ Petition has been filed in the nature of a Mandamus, the learned Special Government Pleader appearing on behalf of the Government of Puducherry states that the petitioner's claim requires a detailed examination. This is because the Government of Puducherry has discovered that several appointment orders issued by schools were either forged or fraudulently prepared, with backdated entries or dates when no requisite posts were available. On behalf of the first respondent, it is contended that a Committee has been formed within the Education Department to scrutinize the appointment orders of individual teachers, including those proposed by the second respondent school. If it is found that the petitioner's appointment order is irregular and not in conformity with the rules and regulations, or fraudulently prepared, the petitioner will not be entitled to any relief. However, if the 2/5

appointment order is found to be valid and in proper form, the relief sought in the writ petition shall be considered accordingly. 3.Instead of granting a Mandamus, a direction is issued to the first respondent to examine the petitioner's appointment order, as forwarded by the second respondent school and carefully examine the relevant records. If it is found that the petitioner was not properly appointed, pass appropriate orders, taking into account the irregularity or fraudulent aspect of the appointment, otherwise grant necessary relief as sought in the representation.

4. The Writ Petition stands disposed of. No costs. 20.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga To 3/5

1. The Director of School Education, Puducherry.

2. The Correspondent Immaculate Heart of Mary's Government Aided Boys' & Girls High School, Nellithope, Puducherry 605 005 4/5

C.V. KARTHIKEYAN, J.

bga W.P.No.5990 of 2025 20.02.2025 5/5