Madras High CourtWP/5046/2014disposed of

Pachayappa High School v. The State Of Tamilnadu

2020-12-10Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5046 of 2014 And M.P.No.1 of 2014 Pachayappa High School, Represented by its Secretary, P.G.Lakshmivasan ... Petitioner Vs.

1.The State of Tamil Nadu Rep by: Chief Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, Chennai - 600 006.

3.The District Educational Officer, Uthamapalayam.

4.Chief Educational Officer, Theni, Theni District.

5.Smt.S.Uma Parameswari ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent made in 41227/D1/2007-3 dated 06.05.2013 and to quash the same and direct the respondents 1 to 4 approve the appointment of the fifth respondent as the sewing teacher (craft teacher) in the petitioner school with effect from 12.10.2009 fore-noon in the approved vacancy of the petitioner school.

For Petitioner : Mr.K.V.Subramanian for M/s.K.V.Subramanian Asso.

For Respondents: Mr.S.Suresh Kumar for R1 to R4 Government Advocate Mr.R.Saseetharan for R5

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent made in 41227/D1/2007-3 dated 06.05.2013 and to quash the same and to direct the respondents 1 to 4 to approve the appointment of the fifth respondent as the Sewing Teacher (Craft Teacher) in the petitioner School with effect from 12.10.2009 forenoon in the approved vacancy of the petitioner School.

2.Though the petitioner has filed this writ petition seeking a larger relief, the learned counsel appearing for the petitioner would now submit that this Court instead of pursuing the case, may permit the petitioner to make fresh proposal to the Educational Authorities for conversion of the Teaching post of Sewing Teacher (Craft Teacher) to Tailoring Instructor. Thereafter, the Educational Authorities may consider the said proposal in accordance with the provisions of the relevant Acts and Rules and pass appropriate orders.

3.The learned Government Advocate raise no serious objection for considering the limited request now made by the learned counsel appearing for the petitioner. 4.In view of the above, this Court permits the petitioner to make a fresh proposal to the Educational Authorities for conversion of the Teaching post of Sewing Teacher (Craft Teacher) to Tailoring Instructor, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such proposal, the Educational Authorities shall consider the said proposal in accordance with the provisions of the relevant Acts and Rules and shall pass appropriate orders, as expeditiously as possible.

5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri

To 1.The Chief Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, Chennai - 600 006.

3.The District Educational Officer, Uthamapalayam.

4.The Chief Educational Officer, Theni, Theni District.

+1cc to Mr.C.Jagadish, Advocate, S.R.No.40521 +1cc to the Government Pleader, S.R.No. 40428 W.P.No.5046 of 2014 And M.P.No.1 of 2014 UM(CO) GN(22/01/2021)