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Madras High CourtWP/32336/2024disposed of

Jayanthi v. The Chief Educational Officer

2024-10-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.32336 of 2024 Jayanthi ... Petitioner Vs.

1.The Chief Educational Officer, No.227 Old Railway Station Road, Konavaikkal, Marapalam, Erode.

2.The District Educational Officer, No.227 Old Railway Station Road, Konavaikkal, Marapalam, Erode.

3.The CSI Boys Higher Secondary School, Rep. by its Correspondent, Erode, Erode District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents No.1 and 2 to approve the appointment of the petitioner from the date of her appointment dated 01.08.2023 in the 3rd Respondent School as BT Assistant (Maths) on the basis of the proposal sent by the 3rd Respondent School on 20.08.2024 in the light of the 1/4

order passed by this Court in WP (MD) No.10824 of 2021 and without insisting for qualification in the TET Examination, within the time stipulated by this Court. For Petitioners : Mr.E.Mareeskumar For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader for R1 and R2

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents 1 and 2 to approve the appointment of the petitioner to the post of B.T. Assistant (Maths) on the basis of the proposal that has been sent by the 3rd respondent School on 10.01.2024 and to pass appropriate orders without insisting for TET qualification.

2.Heard Mr.E.Mareeskumar, learned counsel appearing on behalf of the petitioner and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing on behalf of respondents 1 and 2.

3.The case of the petitioner is that 3rd respondent School is a religious minority institution. The petitioner was appointed in the post of B.T. Assistant 2/4

(Maths) by an appointment order dated 01.08.2023 in the available vacancy in a sanctioned post. The proposal was forwarded by the 3rd respondent School seeking for the approval of the appointment. Since no approval was granted, the present writ petition has been filed before this Court. 4.Taking into consideration the facts and circumstances of the case and the nature of relief sought for in the present writ petition, there shall be a direction to the 1st respondent to act upon the proposal that has already been forwarded by the 3rd respondent School on 10.01.2024 and the approval shall be granted without insisting for the TET qualification, subject to the petitioner fulfilling all the other requirements. Necessary proceedings shall be issued in this regard, within a period of six weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. 29.10.2024 Internet : Yes (3/3) Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The Chief Educational Officer, No.227 Old Railway Station Road, Konavaikkal, Marapalam, Erode.

2.The District Educational Officer, No.227 Old Railway Station Road, Konavaikkal, Marapalam, Erode.

W.P.No.32336 of 2024 29.10.2024 (3/3) 4/4