Manikantan Samaraj v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA and W.M.P.No.9128 of 2025 Manikantan Samaraj ... Petitioner Vs.

1. The Director of School Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Presidency Girls Hr. Sec. School Campus, Egmore, Chennai - 600 008.

3. The District Educational Officer (Secondary) Chennai South, Saidapet, Chennai - 600 015.

4. The Correspondent, Kesari Higher Secondary School, 8, SIR Thyagaraya Road, T.Nagar, Chennai - 600 017.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 to pass orders on the proposal submitted by the 4th Respondent school for approval of appointment of Petitioner in the post of P.G. Assistant (Economics) with effect from 14.06.2023, within a time frame to be fixed by this Court.

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For Petitioner : Mr.G.Sankaran, Senior Advocate for Mr.S.Nedunchezhiyan For RR1 to 3 : Ms.Akila Rajendran, Government Advocate

ORDER

The present writ petition is filed to direct the respondents 1 to 3 to pass orders on the proposal submitted by the 4th Respondent school for approval of appointment of Petitioner in the post of P.G. Assistant (Economics) with effect from 14.06.2023, within a time frame to be fixed by this Court.

2. The petitioner is qualified with M.A. (Economics) and is eligible for appointment to the post of P.G. Assistant (Economics) in Tamil Nadu Higher Secondary Subordinate Service. The fourth respondent school is a Government Aided Linguistic Minority Institution. The petitioner has been selected and appointed to the post of P.G. Assistant (Economics) in the fourth respondent school as per the order of appointment, dated 02.06.2023. Consequently, the petitioner joined the said post in the fourth respondent school on 14.06.2023. The fourth respondent submitted a proposal to the second respondent seeking 2/6

approval of appointment of the petitioner to the post of P.G. Assistant (Economics). The said proposal has been kept pending in the office of the third respondent. Hence the petitioner filed the present writ petition for the aforesaid relief.

3. The learned counsel appearing for the respondents 1 to 3 submits that the proposal sent by the fourth respondent, was returned by the third respondent on 31.07.2024, with a direction to the fourth respondent to submit a fresh proposal. The fourth respondent is yet to submit a fresh proposal and therefore, the delay.

4. The learned senior counsel appearing for the petitioner submits that a direction may be issued to the fourth respondent school to submit a fresh proposal in view of the direction of the third respondent. Thereafter, time frame may be fixed for the consideration of the proposal.

5. Heard both sides

6. As the proposal of the fourth respondent was returned by the 3/6

third respondent on 31.07.2024, the fourth respondent is directed to submit a fresh proposal within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent is directed to consider the proposal on merits and in accordance with law, within a period of eight weeks thereafter.

7. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 11.03.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To

1. The Director of School Education, 4/6

Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Presidency Girls Hr. Sec. School Campus, Egmore, Chennai - 600 008.

3. The District Educational Officer (Secondary) Chennai South, Saidapet, Chennai - 600 015.

4. The Correspondent, Kesari Higher Secondary School, 8, SIR Thyagaraya Road, T.Nagar, Chennai - 600 017.

N.MALA, J.

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