The Secretary v. The Director Of School Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.19846 of 2019 and W.M.P.No.19385 of 2019 The Secretary Sakthi Higher Secondary School Nachimuthupuram Sakthi Nagar Erode District 638 315 ... Petitioner Vs.

1.The Director of School Education College Road Chennai-6 2.The Chief Educational Officer Erode District Erode 3.The District Educational Officer Bhavani Erode District ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation letter in Na.Ka.No.24/ESTA/2018 dated 25.10.2018 and to convert one Physical Education Teacher (P.E.T.) to Physical Director Grade-I as per G.O.Ms.No.73, School Education Department (D1), dated 19.03.2010.

For Petitioner : Mr.Sathish Kumar.K For Respondents : Ms.P.Kavitha, G.A.

O R D E R

By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself. 1/3

2.The petitioner's school is a Co-Education Higher Secondary School, getting aid from the Government for teaching and non teaching post. During the school up-gradation as a Higher Secondary, the Government was sanctioned two Physical Education Teacher (P.E.T.) Thereafter, the school Management applied for Physical Director Post, however, the respondent deployed one P.E.T. from Madurai District to the petitioner school. As on today, two male P.E.T. and one Female P.E.T. totally three teachers are working. In the academic year 2018-2019, from 6th to 12th standard nearly about 700 students are studying in the petitioner school. Hence, the petitioner school wants to upgrade one P.E.T. post as Physical Director as per Government order. Hence, the petitioner's school made a representation to the 1st respondent on 25.10.

2018 for up-gradation of post from P.E.T. to Physical Director Grade-I through proper channel. The 1st respondent on receipt of the said representation made, has not considered the same till date. Hence, this writ petition. 3.The learned counsel appearing for the petitioner's school submitted that, it would suffice if a direction is passed to the 1st respondent to consider the representation of the petitioner dated 25.10.2018, within a reasonable time as fixed by this Court.

4.The learned Government Advocate accedes to the submission made by the learned counsel for the petitioner and submitted that if any such representation was received by the 1st respondent, the same will be considered on merits and in accordance with law.

5.Thus, without going into the merits of the case, this Court is inclined to direct the 1st respondent to consider the representation of petitioner dated 25.10.2018 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar 2/3

kas 1.The Director of School Education College Road Chennai-6 2.The Chief Educational Officer Erode District Erode 3.The District Educational Officer Bhavani Erode District +1cc to Mr.K.Sathish Kumar, Advocate sr.95199 +1cc to Government Pleader SR.NO. 96017 W.P.No.19846 of 2019 and W.M.P.No.19385 of 2019 mp(co) nr 12/12/2019 3/3