N.Gopi v. The Joint Director (Secondary Education)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 25429 of 2021 N.Gopi ..Petitioner Vs
1. The Joint Director (Secondary Education) Office of the Commissioner of School Education Chennai-6.
2. The Chief Educational Officer, Office of the Chief Educational Officer, First Floor, Collectorate - Annex Building, Tiruvarur -610004.
3. The District Educational Officer First Floor, Collectorate - Annex Building, Tiruvarur -610004.
4. V.S.Boys Higher Secondary School, Rep by its Secretary, Tiruvarur, Tiruvarur District.
5. D.Ananthan ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of mandamus, directing the 1st respondent to consider the representation of the petitioner dated 25.10.2021 and to pass an appropriate order to cancel/revoke the order passed by the 2nd respondent in Na.Ka.No.4553/A2/2021, dated 16.08.2021 as the same has been passed without ensuring the compliance of Rule 15 (4) (ii) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974.
For Petitioner : Mr. D.Muthkumar For Paul and Paul For Respondents : Mr.T.Arun Kumar, AGP -R1 to R3
O R D E R
The relief sought for in the writ petition is to direct the 1st respondent to consider the representation of the petitioner dated 25.10.2021 and to pass an appropriate order to cancel/revoke the order passed by the 2nd respondent in Na.Ka.No.4553/A2/2021, dated 16.08.2021 as the same has been passed without ensuring the compliance of Rule 15 (4) (ii) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974.
2. Heard both sides and perused the materials available on record.
3. According to the learned counsel for the petitioner, the writ petitioner was appointed as Office Assistant in the 4th respondent school in the year 2016 and completed his probation and continuing as permanent Office Assistant in the said school. One Lakshmanan who was working as Lab Assistant was retired from service due to superannuation on 30.04.2019. Though the petitioner is fully qualified and eligible to be appointed to the post of Lab Assistant, the 4th respondent-Management without consider the petitioner for promotion, had appointed the 5th respondent in the said post, which is contrary to the Rule 15(4) (ii) of Tamil Nadu Recognised Private Schools (Regulation) Act and Rules. Challenging the said order, the petitioner has made representation dated 25.10.2021 to the 1st respondent and the same is pending.
4. The learned Additional Government Pleader has not raised any serious objections against the submissions made by the learned counsel for the petitioner and submitted that the petitioner's representation shall be considered by the 1st respondent in accordance with law.
5. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to direct the 1st respondent to consider the petitioner's representation dated 25.10.2021 and pass orders on its own merits, in accordance with law after providing opportunity to the writ petitioner as well as 5th respondent, 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.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ak To
1. The Joint Director (Secondary Education) Office of the Commissioner of School Education Chennai-6.
2. The Chief Educational Officer, Office of the Chief Educational Officer, First Floor, Collectorate - Annex Building, Tiruvarur -610004.
3. The District Educational Officer First Floor, Collectorate - Annex Building, Tiruvarur -610004.
+1cc to M/s.Paul & Paul, Advocate, S.R.No.62356 +1cc to the Government Pleader, S.R.No.62619 W.P.No. 25429 of 2021 PL(CO) SU(23/12/2021)