R.Krishnakumar v. The Central Board Of Secondary Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.03.2025 CORAM :

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN R.Krishnakumar, S/o.P.N.Raman, 100 A1, First Cross, Saisha Arnai House Road, Ooty 643 002.

... Petitioner vs.

1. The Central Board of Secondary Education, Represented by its Chairman, "Shiksha Kendra" No. 2, Community Centre, Preet Vihar, Delhi 110 092.

2. The District Collector and Chairman, Breeks Board of Management, District Collectorate, Udhagamandalam.

3. The Chief Educational Officer, Vice Chairman, Breeks Management Committee, Office of the Chief Educational Officer, Udhgamandalam.

4. The Principal (In- charge), Breeks All India Secondary School, Udhagamandalam.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioners representation dated 24.04.2024 and 26.04.2024 and consequently direct the respondents 1 to 3 to promote the petitioner to the post of Headmaster in the 4th respondent school being the promotional post. For Petitioner : Dr.R.Gouri For Respondents : Mrs.S.Mythereye Chandru, Special Government Pleader, for R3 : Mr.V.Manmaran, Additional Government Pleader, for R2

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to consider the representations dated 24.04.2024 and 26.04.2024 by which representations the petitioner had sought promotion to the post of Headmaster in the 4th respondent school/Breeks All India Secondary School, Udhagamandalam, Nilgiris District.

2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had been initially appointed as B.T Assistant (Maths)

Teacher in the 4th respondent School on 15.09.1999. His services had been regularised on and from 18.07.2002. It is claimed that he had put in more than 25 years of continuous service without any adverse remarks. It was contended that the petitioner is eligible to be promoted as Headmaster in the 4th respondent school. Owing to various issues which had arisen, the Administration of the 4th respondent School is now run by the District Collector, who is the Chairman of the Administrative Committee and by the Chief Educational Officer, who is the Vice Chairman of the Committee. They are competent to examine whether the petitioner could be considered for promotion to the post of Headmaster. The petitioner had given his representations on 24.04.2024 and 26.04.2024.

3. The Learned Counsel for the petitioner states that these are not just the first representation, but the last two representations are a continuation of earlier representations seeking consideration to be promoted for the post of Headmaster.

4. It is only appropriate that the 2nd and 3rd respondents ensure that a full-time Headmaster functions for the benefit of both Administration and also the

educational aspects of the School/Breeks All India Secondary School, Udhagamandalam. The students must have confidence that their education would be taken care of and that an administrative head is in place on a full-time basis. The 2nd and 3rd respondents, in their capacity as Chairman and Vice Chairman of the Management Committee, may examine the representations given by the petitioner and pass an appropriate orders. They may examine the service records of the petitioner and obtain necessary clarifications if required and pass orders within a period of six weeks from the date of receipt of copy of this order.

5. This writ petition is disposed of accordingly. There shall be no order as to costs.

19.03.2025 : Yes/No.

bsm To,

1. The Chairman, The Central Board of Secondary Education, "Shiksha Kendra" No. 2, Community Center, Preet Vihar, Delhi 110 092.

2. The District Collector and Chairman, Breeks Board of Management, District Collectorate,

Udhagamandalam.

3. The Chief Educational Officer, Vice Chairman, Breeks Management Committee, Office of the Chief Educational Officer, Udhgamandalam.

4. The Principal (In- charge), Breeks All India Secondary School, Udhagamandalam.

5. The Government Pleader, High Court, Madras.

C.V.KARTHIKEYAN , J.

bsm 19.03.2025