L.Dominic Xavier v. Primrose School Rept By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.9929 of 2024 L.Dominic Xavier .. Petitioner Vs.

1.Primrose School rep.by the Administrative Principal / Principal No.63, Gundusalai, Oulgaret Puducherry - 605 010.

2.The Director Directorate of School Education Perunthalaivar Kamarajar Centenary Educational Complex 100 Feet Road, Anna Nagar Puducherry-605 005.

3.The Secretary Council for the Indian School Certificate Examinations Pragati House, First Floor 47-48, Nehru Place New Delhi - 110 019.

4.M.Gayathri .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the first respondent to consider and promote the petitioner to the post of Principal against the ensuing vacancy. For the Petitioner : Mr.V.Ajaya Kumar

ORDER

The Writ Petition is filed for a Mandamus, to direct the 1st respondent to consider and permit the petitioner to the post of Principal against the ensuing vacancy.

2. Mr.Ajaya Kumar, learned counsel for the petitioner would submit that even though it is an unaided post, by virtue of Section 17 of the Puducherry School Education Act, 1987, official respondents are entitled to frame rules and conditions of services, which would include promotion also. In exercise thereof, a rule has also been framed where under, Rule 46 of the Pondicherry School Education Rules, 1996, the Educational Institutions are required to prepare a seniority roster in respect of each grade. Once there is a rule regarding seniority, naturally, the petitioner being the senior most is

liable to be promoted.

3. I have considered the said submissions made and perused the material records of the case.

4. The post of Principal is to be filled up as per the rules and procedures of the private Management. Even before granting any promotion, the petitioner apprehends that despite being senior, his name will not be considered. There is no material to show that the apprehension is imminent or reasonable. If any promotion is made in violation of the rules, then only there shall be cause of action for the petitioner. At this stage finding that the Writ Petition is premature, this Court is not inclined to entertain the prayer of the petitioner.

5. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 22.04.2024 Index : Yes Speaking order: Yes Jer

D.BHARATHA CHAKRAVARTHY , J.

Jer To 1.The Director Directorate of School Education Perunthalaivar Kamarajar Centenary Educational Complex 100 Feet Road, Anna Nagar Puducherry-605 005.

2.The Secretary Council for the Indian School Certificate Examinations Pragati House, First Floor 47-48, Nehru Place New Delhi - 110 019.

22.04.2024