K.Selvakumar v. The Commissioner (Education)
2024:MHC:4197
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN and C.M.P.No.18825 of 2019 K.Selvakumar .. Appellant vs 1.The Commissioner (Education), Chennai Corporation, Rippon Building, Chennai - 600 003.
2.The Deputy Commissioner (Education), Chennai Corporation, Rippon Building, Chennai - 600 003.
3.The Education Officer, Education Department, Chennai Corporation, Rippon Building, Chennai - 600 003.
4.Teachers Recruitment Board Rep. by its Chairman, Dr.M.G.R.Centenary Building, 3rd and 4th Floor, DPI Campus, College Road, Chennai - 600 006 (R4 suo motu impleaded vide order dated 26.07.2023) 5.The Principal Secretary, School Education, Fort St.George, Chennai (R5 suo motu impleaded on 06.11.2024, amended vide ordered dated 10.12.2024) 6.The Principal Secretary, 1/5
Municipal Administration & Water Supply, Fort St.George, Chennai.
(R6 suo motu impleaded vide order dated 06.11.2024) Respondents Prayer : Appeal filed under Clause 15 of Letters Patent against order dated 03.07.2018 made in W.P.No.13307 of 2015. For Appellant :
Mr.G.Sankaran, Senior Counsel for Mr.Jayamalan For Respondents :
Mr.Silambannan, Senior Counsel for Mr.Gopinath for R1 to R3 Mr.Neethi Perumal, Government Advocate for R5 Mr.R.Neelakandan, Additional Advocate General assisted by Mr.K.Sathish Kumar, for R4 Mr.C.Selvaraju, Additional Government Pleader for R6
JUDGMENT
(Delivered by Dr. ANITA SUMANTH.,J) Read this order in continuation of and in conjunction with earlier orders dated 21.03.2024, 06.11.2024, 10.12.2024 and 17.12.2024. 2.
An affidavit is filed by the sixth respondent today confirming that necessary steps to notify the Rules would be taken within the time frame as fixed by the Court under order dated 10.12.2024. In that order, we have stated that necessary approvals should be obtained and the Rules issued prior to 31.03.2025. Hence this is the date as fixed by the Court.
3.
The prayer in the writ petition is for a mandamus directing 2/5
the respondents to promote the petitioner to the post of B.T. Assistant (Maths) in existing vacancies in Chennai Corporation Schools based on seniority and eligibility. The writ petition came to be closed on 03.07.2018 where the learned Judge had directed the respondents to undertake the proper process for promotion following the promotion Rules.
4.
It is only in the course of writ appeal that a specific direction was issued to the respondents to frame the Rules and appropriate parties have also been impleaded in this regard. 5.
In light of the fact that the draft Rules have now been made, paving the way for the relief sought for by the petitioner, it is for him to pursue the matter before the authorities once the Rules are put in place.
6.
Our attention is drawn to various directions that were issued under order dated 12.10.2023. It is for the petitioner to take those matters up with the authorities, and he is granted liberty to make representation seeking specific relief, if any, that he seeks, in light of the directions that have been made. The representation, if and when filed, will be considered, expeditiously, in accordance with law. 7.
With this, this writ appeal stands closed. No costs. Connected miscellaneous petition is closed.
[A.S.M., J] [G.A.M., J] 19.12.2024 Index:Yes/No 3/5
ssm To 1.The Commissioner (Education), Chennai Corporation, Rippon Building, Chennai - 600 003.
2.The Deputy Commissioner (Education), Chennai Corporation, Rippon Building, Chennai - 600 003.
3.The Education Officer, Education Department, Chennai Corporation, Rippon Building, Chennai - 600 003.
4.The Chairman, Teachers Recruitment Board Dr.M.G.R.Centenary Building, 3rd and 4th Floor, DPI Campus, College Road, Chennai - 600 006 5.The Principal Secretary, School Education, Fort St.George, Chennai 6.The Principal Secretary, Municipal Administration & Water Supply, Fort St.George, Chennai.
4/5
DR. ANITA SUMANTH.,J.
and G. ARUL MURUGAN.,J.
ssm 19.12.2024 5/5