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Madras High CourtWP/32766/2023disposed of

Tagore Educational Society v. The State Of Tamilnadu

2023-11-21Honourable Mr Justice M.S. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Tagore Educational Society Rep. By its Secretary No.293/88E, Gingee Road Tindivanam - 604 001 Villupuram District

...Petitioner

Vs 1.The State of Tamil Nadu Rep. By its Principal Secretary Department of School Education Fort St.George, Chennai - 600 009

2. The Commissioner / Director of Elementary Education College Road, Chennai - 600 006

3. The Chief Educational Officer Villupuram - 605 602

4. The District Educational Officer (Elementary) Tindivanam - 604 001 Villupuram District

5. The Block Educational Officer Olakkur Range @ Saram Olakkur

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing 4th and 5th respondents to give approval to appointment of Mr.K.C.R.Devandranath Tagore as Secretary for the Muslim Aided Middle School, Tindivanam by considering the proposal submitted by the petitioner management dated 31.05.2021 together with the reminders dated 20.09.2022, 12.10.2022 and 08.06.2023.

For Petitioner : Ms.H.Mary Sowmi Rexi For Respondents : Mr.V.Manoharan 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 4th and 5th respondents to give approval for appointment of Mr.K.C.R.Devandranath Tagore as Secretary for the Muslim Aided Middle School, Tindivanam by considering the proposal submitted by the 2/5

petitioner management dated 31.05.2021 together with the reminders dated 20.09.2022, 12.10.2022 and 08.06.2023.

3. This Court is of the view that such a proposal 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 of the petitioner management is directed to be disposed of within a stipulated time, the ends of justice could be secured.

4. In the light of the above observation, the respondents 4 and 5 herein are directed to dispose of the proposal made by the petitioner school dated 31.05.2021 together with the reminders dated 20.09.2022, 12.10.2022 and 08.06.2023, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the claim made by the petitioner and it is open to the respondents to consider it on its own merits. 3/5

5. With the above direction, the Writ Petition stands disposed of. No costs.

21.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa To

1. The Principal Secretary Department of School Education Fort St.George, Chennai - 600 009

2. The Commissioner / Director of Elementary Education College Road, Chennai - 600 006

3. The Chief Educational Officer Villupuram - 605 602

4. The District Educational Officer (Elementary) Tindivanam - 604 001 Villupuram District

5. The Block Educational Officer Olakkur Range @ Saram Olakkur 4/5

M.S.RAMESH,J.

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