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Madras High CourtWP/20047/2021disposed of

Dhaveethu v. The State Of Tamil Nadu

2021-09-21Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20047 of 2021 and W.M.P.No.21300 of 2021 (Through Video Conferencing) Dhaveethu ... Petitioner Vs 1.The State of Tamil Nadu, Represented by the Secretary, Education Department, Fort.George, Chennai-600 009.

2.The District Elementary Educational Officer, Cuddalore District, Cuddalore.

3.The Block Educational Officer, Cuddalore District.

4.The Central Manager and Chairman, ALC Central office, ALC Campus, Cuddalore.

5.The Correspondent, Cuddalore District 607 1606.

6.The Headmaster, Cuddalore District 607 1606.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records connected with the impugned order in Na.Ka.No.2172/A5/2021 dated 04.05.2021 issued by the second respondent by which the request for approval of appointment of the Petitioner is rejected, quash the same, consequently directing the respondents to grant approval of the appointment of the petitioner as Secondary grade teacher in the 6th respondent school as requested by the 4th respondent management

within the time limit that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.K.Thilageswaran For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

The Impugned Order has been passed by placing the reliance on the Government Order in G.O.Ms.No.165, School Education [Primary Education (2)(1)] Department, dated 17.09.2019. The aforesaid Government Order was passed in a vogue. An interim order was passed by the Hon'ble Madurai Bench of Madras High court.

2.However, in W.A(MD).No.76 of 2019 etc., batch the Hon'ble Division Bench of the Madurai Bench of Madras High Court by its order dated 31.03.2021 has held that G.O.Ms.No.165, School Education [Primary Education (2)(1)] Department, dated 17.09.2019 is in operabable. Considering the same, the impugned order cannot be sustained. 3.This writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rgm/jas To 1.The Secretary, State of Tamil Nadu, Education Department, Fort.George, Chennai-600 009.

2.The District Elementary Educational Officer, Cuddalore District, Cuddalore.

3.The Block Educational Officer, Cuddalore District 4.The Central Manager and Chairman, ALC Central office, ALC Campus, Cuddalore 607 001.

5.The Correspondent, Cuddalore District 607 1606.

6.The Headmaster, Cuddalore District 607 1606.

+1 cc to Mr.K.Thilageswaran, Advocate Sr.NO.48327 +1 cc to Government Pleader Sr.NO. 48528 W.P.No.20047 of 2021 and W.M.P.No.21300 of 2021 PM(CO) A.SK(12.11.2021)