T.Usha v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.Nos.2 and 3 of 2012 T.Usha ... Petitioner Vs.

1. The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 9.

2. The Director of Elementary Education, Directorate of Elementary Education, DPI Campus, Chennai.

3. The Teacher's Recruitment Board, College Road, Chennai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of G.O.Ms.No.15 dated 23.01.2012 issued by the first respondent, quash the same as arbitrary, illegal and unconstitutional insofar as it relates filling up entire vacancies for the post of B.T Assistant through direct recruitment and consequently direct the respondents to follow G.O.Ms.No.239 dated 22.09.2007, School Education Department in letter and spirit.

For Petitioner : No appearance For Respondents : Mr. K.Surendran, Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking to call for the records relating to G.O.Ms.No.15 dated 23.01.2012 issued by the first respondent to quash the same insofar as it relates filling up entire vacancies for the post of B.T Assistant through direct recruitment and consequently direct the respondents to follow G.O.Ms.No.239 dated 22.09.2007, School Education Department.

2. When the matter was listed on 28.11.2023, there was no representation for the petitioner and hence, the matter was directed to be listed under the caption "For Dismissal" today. In spite of the matter being listed under the caption 'For Dismissal', there is no representation for the petitioner either in the pre-lunch or post-lunch session. However, it is brought to the notice of this Court by learned Additional Government Pleader appearing for the respondents that the case of the petitioner for promotion was considered during the pendancy of the Writ Petition and he was promoted as B.T

Assistant from the post of Secondary Grade Teacher through Proceedings in Na.Ka.No.1305/ E2/2019 dated 11.07.2019.

3. Be that as it may, as there is no representation on behalf of the petitioner, the Writ Petition is dismissed for non-prosecution. No costs. Consequently, the connected Miscellaneous Petitions are closed. 29.11.2023 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 9.

2. The Director of Elementary Education, Directorate of Elementary Education, DPI Campus, Chennai.

3. The Teacher's Recruitment Board, College Road, Chennai.

MUMMINENI SUDHEER KUMAR, J.

skr 29.11.2023