The Muslim Higher Secondary School, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH The Muslim Higher Secondary School, Rep. by its Correspondent Hajee K.A.M.K.Mohideen Abdulkader, Sivakasi - 626 123.

...Petitioner

Vs 1.The Secretary to Government, School Education Department, Fort St. George, Chennai - 9.

2.The Director of School Education, College Road, Chennai - 6.

3.The Joint Director of School Education (Personnel), College Road, Chennai - 6.

4.The Chief Educational Officer, Viruthunagar District.

5.The District Educational Officer, Sivakasi, Viruthunagar District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to approve the conversion of the existing post of Record Clerk to that of Junior Assistant based on the recommendation made by the 5th respondent in his proceedings Na.Ka.No.3279/A2/2020 dated .01.2021 (signed on 06.01.2021) and by the 4th respondent in his proceedings Na.Ka.No.797/E2/2021 dated .04.2021 (signed on 09.04.2021) in accordance with law.

For Petitioner : Mr.R.S.Anandan For Respondents : Mr.P.Gurunathan, Additional Government Pleader

ORDER

With the consent of both the parties, this Writ Petition is taken up final disposal at the admission stage itself.

2. The prayer sought for in the present Writ Petition is for a direction to the respondents to approve the conversion of the existing post of Record Clerk to that of Junior Assistant. 2/4

3. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the proposal of the petitioner is directed to be disposed of within a stipulated time, the ends of justice could be secured.

4. In the light of the above observation, the respondents 3 to 5 herein are directed to dispose of the proposal made by the petitioner school dated 30.10.2020, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the claim made by the petitioner and it is open to the respondents to consider it on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

22.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai - 9.

2.The Director of School Education, College Road, Chennai - 6.

3.The Joint Director of School Education (Personnel), College Road, Chennai - 6.

4.The Chief Educational Officer, Viruthunagar District.

5.The District Educational Officer, Sivakasi, Viruthunagar District.

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