Viswabharathi Middle School v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Viswabharathi Middle School No.23/51, T K Mudali Street, Choolai, Chennai - 600 112.

Represented by its Manager/Correspondent K.P.Chandrasekaran.

... Petitioner Vs.

1.The Director, Office of the Directorate of Elementary Education, DPI Campus, Nungambakkam, Chennai - 600 034.

2.The District Educational Officer, Chennai East District, Government Model Higher Secondary School, Tripliane, Chennai - 600 005.

3.The Block Development Officer, Periamet Range, Urudu Primary School, No.12/70, Aarthoon Salai, Chennai - 600 013.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to provide 3 teachers under deployment or permit the petitioner to appoint teachers as per direct recruitment by way of following procedures laid down in the recruitment rules.

For Petitioners : Ms.K.Ambika For R1 & 2 : Mrs.V.Yamuna Devi Special 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 petitioner herein has given a representation to the 1st and 2nd respondents on 12.09.2023, seeking to provide three teachers under deployment or permit the petitioner to appoint teachers as per direct recruitment. Since the said representation has not been considered till date, the present Writ Petition has been filed. 2/5

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the 1st and 2nd respondents herein, to consider the petitioner's representation dated 12.09.2023, on its own merits and pass appropriate orders in accordance with law, within a period of eight (08) 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 merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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

20.12.2023 Index:Yes/No Speaking order/Non-speaking order gd To 1.The Director, Office of the Directorate of Elementary Education, DPI Campus, Nungambakkam, Chennai - 600 034.

2.The District Educational Officer, Chennai East District, Government Model Higher Secondary School, Tripliane, Chennai - 600 005.

3.The Block Development Officer, Periamet Range, Urudu Primary School, No.12/70, Aarthoon Salai, Chennai - 600 013.

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M.S.RAMESH,J.

gd W.P.Nos.35386 of 2023 20.12.2023 5/5