Madras High CourtWP/16085/2016dismissed

Mrs.A.Rekha, v. The Central Board Of Secondary

2016-04-28Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.16085 of 2016 A.Rekha .. Petitioner -vs1.The Central Board of Secondary Education, represented by its Chairman, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi - 110 092.

2.The Regional Officer, The Central Board of Secondary Education, Regional Office, Chennai New No.3, Old No.1630 A, "J" Block, 16th Main Road, Anna Nagar West, Chennai-600 040.

3.The PSBB Millennium School, Pondicherry to Cuddalore East Coast Road, Madalapattu Village, Periyakattu Palayam, Cuddalore-605 007, represented by the Management/Principal.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 30.03.2016 and issue necessary directions to the third respondent school to conduct the enquiry as per law and reinstate the petitioner with all benefits including continuity of service.

For Petitioner :

Mr.C.Sakthimanikandan

O R D E R

The petitioner A.Rekha has come to this Court, seeking a direction to the respondents 1 and 2 to consider her representation dated 30.03.2016 and issue necessary directions to the third respondent school to conduct the enquiry as per law and re-instate her with all benefits including continuity of service.

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2.The petitioner, while serving as Maths Teacher in the PSBB Millennium School/the third respondent herein, was placed under suspension on 10.03.2016. Subsequently, she was terminated from service on 14.03.2016 on the allegation that she had given corporal punishment to a particular student. Thereafter, the petitioner has made a representation on 30.03.2016 to respondents 1 and 2 to look into the matter and issue necessary directions to the third respondent School and to re-instate her immediately with all benefits including continuity of service. 3.The prayer of the petitioner is highly misconceived for the reason that though the petitioner was terminated on 14.03.2016, till date, the correctness of the order of termination has not been put to challenge.

As there are no merits in the claim of the petitioner, this Court is not inclined to entertain this writ petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vga To 1.The Central Board of Secondary Education, represented by its Chairman, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi - 110 092.

2.The Regional Officer, The Central Board of Secondary Education, Regional Office, Chennai New No.3, Old No.1630 A, "J" Block, 16th Main Road, Anna Nagar West, Chennai-600 040.

1 cc to Mr.C.Sakthimanikandan, Advocate, sr.26981 W.P. No.16085 of 2016 svi co kra 23.05.2016 https://hcservices.ecourts.gov.in/hcservices/