The Correspondent v. The Director Of School Eduation,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.36740 of 2024 The Correspondent Danish Mission Elementary School, T.Mazhavarayanur T.Edaiyar, Elandurai Thiruvennainellur Taluk, Villupuram District.
... Petitioner Vs.
1.The Director of School Education, DPI Campus, Chennai- 600 006 2.The Chief Educational Officer, Villupuram District.
3.The District Elementary Educational Officer, Villupuram District.
4.The Block Educational Officer, Thiruvennainellur Taluk Villupuram District.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent herein to approve the appointment of Thiru Kennady Christoper as Secondary Grade Teacher in the petitioner school with effect from 01.03.2019 without applying G.O.Ms.165 dated 17.09.2019 and by taking into consideration the fact that the petitioner's school has been granted with the post of Secondary grade Teacher vide proceedings of the 3rd respondent dated 12.04.2018. For Petitioner : M/s.Dakshayani Reddy Mr.C.Mahendran For Respondents : Mr.K.H.Ravikumar, Government Advocate
ORDER
It is the case of the petitioner's School that the post of Secondary Grade Teacher existing in the petitioner's School was filled up appointing one Kennady Christopher by an order dated 01.03.2019 and accordingly appropriate proposals have been submitted seeking approval of such appointment as required under relevant Rules. However, the said proposal was returned by the 4th respondent through a proceeding dated 23.12.2021 on various grounds, by placing reliance on G.O.Ms.No.165 School Education Department dated 17.09.2019 including on the ground that there was no post Page No.2 of 5
available in the petitioner's School as on the date of appointment of the said Kennady Christopher. Thereafter, the petitioner claims to have re-submitted the said proposal on 24.05.2023 stating that the said Government order, which is the basis for passing the order, dated 23.12.2021 itself was quashed by this Court and also on the ground that there is a sanctioned post available in the petitioner's School, as the said post was transferred from some other School through proceedings No.X/K/vz;: 115-m4-2017 dated 16.04.2018. The grievance of the petitioner in the present writ petition is non consideration of the revised proposal submitted by the petitioner as early as on 24.05.2023.
2.Mr.K.H.Ravikumar, learned Government Advocate appearing for the respondent fairly submitted that the respondent would pass appropriate orders on such proposal seeking approval of appointment in the post of Secondary Grade Teacher in the petitioner's School within a time frame. 3.In the light of the above, without going into the merits of the case, this writ petition is disposed of directing the respondents 3 and 4 to consider Page No.3 of 5
the proposal submitted by the petitioner, through representation dated 24.05.2023, and pass appropriate orders thereon as expeditiously as possible at any rate within a period of six weeks from the date of receipt of a copy of this order.
4.Resultantly, the writ petition stands disposed of. No costs. 09.12.2024 vsn Index :
Yes/No Speaking Order :
Yes/No To 1.The Director of School Education, DPI Campus, Chennai- 600 006 2.The Chief Educational Officer, Villupuram District.
3.The District Elementary Educational Officer, Villupuram District.
4.The Block Educational Officer, Thiruvennainellur Taluk Villupuram District.
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MUMMINENI SUDHEER KUMAR,J.
vsn W.P.No.36740 of 2024 09.12.2024 Page No.5 of 5