K.S.Balaji, B.Sc., B.Ed., v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.08.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.28892 of 2016 and WMP.Nos.24966 to 24968 of 2016 K.S.Balaji ...Petitioner ..Vs..

1.The State of Tamil Nadu, Rep. by the Secretary to Government, Education Department, Chennai-9.

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

3.The Chief Education Officer, Salem.

4.The District Education Officer, Shankakiri, Salem.

5.The Secretary, Viatheswara Higher Secondary School, Mettur R.S.

... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a writ in particular a WRIT of CERTIORARIFIED MANDAMUS, calling for the entire records connected with the impugned order of the 4th respondent vide O.Mu.No.3290/A3/2012, dated 28.12.2012 and quash the same and directing respondents to approve the appointment of the petitioner as a B.T.Assistant (Maths) w.e.f. 30.03.2012, with all consequential benefits in the 5th respondent school. For Petitioner : Mr.S.N.Ravichandran Respondents : Mr.P.Raja Government Advocate for R1-R4 : Mr.Sai Prasad for M/s.Sai Raaj Associates for R5

O R D E R

* The relief sought for in this Writ Petition is to call for the entire records connected with the impugned order of the 4th respondent vide O.Mu.No.3290/A3/2012, dated 28.12.2012 and quash the same and directing the respondents to approve the appointment of the petitioner as a B.T.Assistant (Maths) w.e.f.30.03.2012, with all consequential benefits in the 5th respondent school.

2. The learned counsel appearing on behalf of the Writ Petitioner states that the petitioner has already passed the Teachers Eligibility Test conducted by the State and he became eligible for approval of appointment.

3. The learned counsel for the Writ Petitioner also states that the approval was kept in abeyance, on account of the fact that the Writ Petitioner has not passed the Teachers Eligibility Test. Now that she has cleared the test.

4. In view of the fact that the Writ Petitioner has complied with the provision of completion of minimum Educational qualification for approval of appointment, the respondents 1 to 4 are directed to consider the case of the writ petitioner and pass appropriate orders in respect of grant of approval of appointment within a period of 12 weeks from the date of receipt of a copy of this order.

5. The writ petition stands disposed of with the above observations. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) *Corrected as per order of 11/09/2018 this Court dated 27.09.2018 and made in WP.No.28892 OF 2016 -s/dAssistant Registrar(CS V) dt 09/10/2018 //True Copy// Sub Assistant Registrar sk/tta

To 1.The Secretary to Government, Education Department, Chennai-9.

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

To be Substituted the Order already despatched 3.The Chief Education Officer, on 26.09.2018 Salem.

4.The District Education Officer, Shankakiri, Salem.

+1cc to M/s.S.N. Ravichandran, Advocate, S.R.No.57824 +1cc to Mr.Sai Raj, Advocate, S.R.No.57824.

W.P.No.28892 of 2016 rrs 17/09/2018 CS/12/10/2018