Azad Middle School v. The Director Of Elementary Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Azad Middle School, Mettupalayam - 606 207, Chinnasalem Taluk, Kallakurichi District, Rep. by its Manager M.Ismail Babu
...Petitioner
Vs 1.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.
2.The District Educational Officer (Private Schools), Kallakurichi Education District, Kallakurichi.
3.The Block Educational Officer, Chinnasalem Block, Kallakurichi District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pass orders on the proposal submitted by the petitioner school dated 27.09.2023, granting approval of appointment of Thiru.A.Senthilraj in 1/5
the post of Secondary Grade Teacher with effect from 25.09.2023, with consequential and other attendant benefits, including payment of salary from the date of appointment.
For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.V.P.R.Elamparithi, Additional Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for 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 appointment of Thiru.A.Senthilraj in the post of Secondary Grade Teacher with effect from 25.09.2023, based on the proposal submitted by the petitioner School dated 27.09.2023, together with all consequential benefits and arrears of salary. Since there was no progress, the petitioner has preferred the present Writ Petition.
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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 forwarded by the petitioner School is directed to be disposed of within a stipulated time, the ends of justice could be secured.
4. In the light of the above observations, the second respondent herein is directed to dispose of the proposal forwarded by the petitioner School dated 27.09.2023, seeking for approval of appointment of Thiru.A.Senthilraj in the post of Secondary Grade Teacher within a period of three months from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No costs.
30.10.2023 Index:Yes/No Speaking order/Non-speaking order 3/5
hvk 4/5
M.S.RAMESH,J.
hvk To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.
2.The District Educational Officer (Private Schools), Kallakurichi Education District, Kallakurichi.
3.The Block Educational Officer, Chinnasalem Block, Kallakurichi District.
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