A.A.Noor Mohamed v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-02-2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No. 11221 of 2018 W.M.P.No.13127 of 2018 A.A.Noor Mohammed ... Petitioner Vs

1. The Secretary to Government School Education Department Government of Tamil Nadu Fort St.George, Chennai 600 009.

2. The Director of School Education College Road, D.P.I.Campus Chennai 600 006.

3. The Chief Educational Officer Saidapet, Chennai 600 015.

4. The District Educational Officer Chennai East Jayagopalkarodiya Government Higher Secondary School Choolai Medu, Chennai 600 094.

5. The Correspondent Murthuzaviya Oriental Higher Secondary School No.12/186 Big Street Triplicane, Chennai 600 005.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 4th respondent pertaining to his proceedings in Na.Ka.No.3459/A1/2017 dated 20.03.2018 and to quash the same and to direct the respondents 1 to 4 to grant approval of the petitioner's appointment as B.T.Assistant [English] in the 5th respondent minority aided school with all monetary and service benefits from the date of his appointment.

For Petitioner : Mr.V.Raghupathi For Respondents : Mr.A.Raja Perumal R1 to R4 Additional Government Pleader.

O R D E R

The grievances of the writ petitioner is that his appointment as B.T.Assistant (English) in the 5th respondent minority aided school has not been approved by the competent educational authorities. The proposal sent by the 5th respondent school had already been returned, seeking certain clarifications.

2. The learned counsel for the writ petitioner states that the clarifications sought for had already been complied with and in this regard, a clarified letter was also sent by the 5th respondent school to the 4th respondent District Educational Officer.

3. In view of the fact that the clarifications sought for by the competent educational authority had already been replied, this Court is of an opinion that the proposal is to be considered by the authorities. Thus, without going into the merits of the matter, the fourth respondent is directed to consider the proposal sent by the 5th respondent school in relation to the approval of appointment of the writ petitioner, and pass an order on merits and in accordance with law, within a period of 12 weeks from the date of receipt of copy of this order.

4. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssb/arb To

1. The Secretary to Government School Education Department Government of Tamil Nadu Fort St.George, Chennai 600 009.

2. The Director of School Education College Road, D.P.I.Campus Chennai 600 006.

3. The Chief Educational Officer Saidapet, Chennai 600 015.

4. The District Educational Officer Chennai East Jayagopalkarodiya Government Higher Secondary School Choolai Medu, Chennai 600 094.

+1cc to Mr.V.Raghupathi, Advocate, S.R.No.18333 +1cc to the Government Pleader, S.R.No.17633 W.P.No. 11221 of 2018 W.M.P.No.13127 of 2018 PM(CO) RRS(02/04/2019)