Mageshwari v. The Joint Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2019

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 6707 of 2018 Mageshwari ... Petitioner Vs 1.The Joint Director, Directorate of School Education, 17, College Road, Nungampakkam, Chennai - 8.

2.The Chief Educational Officer, Collector Office Complex, B block, Vellore, Vellore District.

3.G.Sumathi ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to directing the respondents 1 and 2 to consider the petitioner representation dated 09.01.2018 requesting them to take action against the 3rd respondent for filing forged no objection affidavit to get Teacher posting in Government School. For Petitioner : Mr.K.Thiruvengadam For Respondents : Mrs.P.Kavitha, GA (R1 & R2) Mr.Abdul Rahman for M/s.Nathan & Associates (R3)

ORDER

The petitioner has come up with this writ petition seeking a direction to the respondents 1 and 2 to consider her representation dated 09.01.2018 requesting them to take action against the 3rd respondent.

2.It is the grievance of the petitioner that based on the priority certificate issued by the Government, her sister viz., the third respondent has got appointment as BT Assistant in Government High School, by filing a forged no objection affidavit of the petitioner. After coming to know about the same, the petitioner sent a legal notice dated 09.12.2017 to the respondents 1 and 2 to take action against the third respondent. On 30.12.2017, the first respondent directed the second respondent to conduct an enquiry with regard to the appointment of the third respondent and file a report. However, no action was taken by the second respondent. Hence, the petitioner submitted a representation dated 09.01.2018 to the respondents 1 and 2 to take action against the third respondent. Since the said representation was also not considered by the respondents 1 and 2, the petitioner is before this Court.

3.When the matter was taken up for consideration, the learned counsel appearing on either side agreed for directing the respondents 1 and 2 to take action on the petitioner's representation as per law.

4.In view of the submission so made by the learned counsel on either side and considering the facts and circumstances of the case, this Court directs the respondents 1 and 2 to consider the representation of the petitioner dated 09.01.2018 and pass appropriate orders, on merits and in accordance with law, after issuing due notice and providing an opportunity of personal hearing to the petitioner as well as the third respondent. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition stands disposed of. No costs.

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

jas/rk 1.The Joint Director, Directorate of School Education, 17, College Road, Nungampakkam, Chennai - 8.

2.The Chief Educational Officer, Collector Office Complex, B block, Vellore, Vellore District.

+1cc to the Government Pleader Sr.7616 +1cc to M/S.K.Thiruvengadam, Advocate Sr.7021 W.P.No.6707 of 2018 sai[co] srg 11/03/2019