T.K.Beena, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06-10-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.31451 of 2015 T.K.Beena .. Petitioner vs
1. The Government of Tamil Nadu Rep. By the Secretary School Education Department Fort St. George, Chennai 600 009
2. The Director/Member Secretary Teachers' Recruitment Board College Road, Chennai 600 006
3. The Chief Educational Officer The Nilgiris
4. The District Educational Officer Gudalur, The Nilgiris.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 28.5.2015, in regard to the appointment as B.T. Assistant (Malayalam Language) in the vacant post available in the Government High School, Ambalavayal, in the light of the communication dated 09.05.2015, sent by the fourth respondent within a stipulated time.
For Petitioner : Mr.P.Sivakumar For Respondents: Mr.N.Srinivasan Additional Government Pleader
ORDER
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner would state that she applied for the post of B.T. Assistant (Malayalam) and since she was not issued with any order of appointment, had approached the Court on an earlier occasion, by filing W.P.No.32284 of 2014, and this Court vide order dated 10.12.2014, has directed the second respondent to consider and dispose of her representation dated 12.9.2014, within a stipulated time and accordingly, the second respondent has passed an order dated 9.3.2015, informing the petitioner that there are no vacancies available for
appointment of Malayalam Language Graduate Assistant in Malayalam Medium Schools and her claim will be considered for future vacancies based on her pass in the Teacher Eligibility Test (TET) and on merit also.
3. The petitioner would further state that she sought information under the Right To Information Act and got the information furnished by the fourth respondent vide letter dated 9.5.2015, wherein it has been disclosed that in the Government High School, Ambalavayal, the post of Malayalam Graduate Assistant is vacant and in this regard, she has given a representation dated 28.5.2015, to the first respondent praying for accommodation in the said School, and since no orders have been passed, came forward to file this writ petition.
4. Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.N.Srinivasan, learned Additional Government Pleader, who accepted notice on behalf of the respondents.
5. This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the same, permits the petitioner to submit one more representation to the respondents 3 and 4 by enclosing a copy of this order as well as a copy of her earlier representation dated 28.5.2015, within a period of two weeks from the date of receipt of a copy of this order and the respondents 3 and 4, on receipt of the same, are directed to consider it on merits and in accordance with law, and pass orders thereon within a period of four weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar NSV To:
1. The Secretary to Government School Education Department Fort St. George, Chennai 600 009
2. The Director/Member Secretary Teachers' Recruitment Board College Road, Chennai 600 006
3. The Chief Educational Officer The Nilgiris
4. The District Educational Officer Gudalur, The Nilgiris.
+1 C.C. To MR.P.Sivakumar, Advocate in SR.NO.54241 +1 C.C. To Government Pleader in SR.NO.54408 W.P.No.31451 of 2015 SAI(CO) sd : 15/10/2015