P.Jawaharlal Nehru, v. The Director Of Elementary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.2100 of 2018 P.Jawaharlal Nehru .. Petitioner Vs
1. The Director of Elementary Education College Road, Chennai-600 006.
2. The District Elementary Educational Officer, Villupuram District, Villupuram.
3. The Additional Assistant Elementary Educational Officer, Thirunavalur, Villupuram District.
4. The Correspondent D.M.Primary School, Thirunavalur-607 204, Villupuram District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the 2nd Respondent to dispose of the petitioner's representation dated 27.12.2017, which was given seeking approval of petitioner's appointment as Secondary Grade Assistant Teacher in the 4th Respondent School based on proposal dated 08.02.2017 sent by the 4th respondent school and as recommended by the 3rd Respondent dated 27.12.2017, on merits within a time frame stipulated. For Petitioner : Mr.A.S.Kaizer For Respondents : Ms.P.Rajalakshmi (1 to 3) Additional Government Pleader
O R D E R
By consent of both sides, this Writ Petition is disposed of at the time of admission itself.
2. This Writ Petition has been filed seeking for a direction to the second respondent to dispose of the representation of the petitioner dated 27.12.2017, seeking approval of petitioner's appointment as Secondary Grade Assistant Teacher in the 4th Respondent School based on proposal dated 08.02.2017 sent by the 4th respondent school and as recommended by the 3rd Respondent dated 27.12.2017, on merits within a time frame stipulated.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3.
3. The learned counsel appearing for the petitioner submitted that the petitioner completed his SSLC in March 2005 and HSC in March 2007. Thereafter, he completed the Diploma in Teacher Education (D.T.Ed) in June 2010 and registered his name in the Employment Exchange. Thereafter, he appeared for Tamil Nadu Teachers Eligibility Test (TET) paper-I in August 2013. She applied for the post of Secondary Grade Assistant Teacher in the fifth respondent institution which is an aided minority institution and was appointed as Secondary Grade Assistant Teacher in the said institution. It is further stated that on 08.02.2017, the fourth respondent sent the proposal to the District Elementary Educational Officer through the 3rd respondent for approval of his appointment. The third respondent by his letter dated 24.08.2017 recommended the same.
It is further submitted that the second respondent by his proceeding dated 07.12.2017, returned the above said proposal to the 3rd respondent directing him to rectify the short comings with regard to certain additional documents. The 3rd respondent also rectified the same and send the proposals again with the required documents. As no orders were passed the petitioner sent a representation dated 27.12.2017 to the second respondent through proper channel requesting him to approve his appointment. Since, no orders has been passed till date, the petitioner has come up with this Writ Petition seeking for the aforesaid relief.
4. The learned Additional Government Pleader who accepts notice on behalf of the respondents has submitted that four weeks time may be given to the second respondent to dispose of the representation of the petitioner dated 27.12.2017.
5. In view of the limited relief sought for in this Writ Petitiona dn also in view of the submissions made by the learned counsel appearing on either side, this Court directs the second respondent to consider and dispose of the representation of the petitioner dated 27.12.2017, on merits and in accordance with law, within a period of four weeks from the date of receipt of
a copy of this order. No costs.
6. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar arr To
1. The Director of Elementary Education College Road, Chennai-600 006.
2. The District Elementary Educational Officer, Villupuram District, Villupuram.
3. The Additional Assistant Elementary Educational Officer, Thirunavalur, Villupuram District.
+1cc to Mr.A.S.Kaizer, Advocate, S.R.No.7395 +1cc to the Government Pleader, S.R.No.8402, 8758 W.P.No.2100 of 2018 RRK(20/02/2018)