J.S.M.Elvina Monicka v. The Joint Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.S.M.Elvina Monicka
...Petitioner
-Vs1.The Joint Director School Education (Elementary) College Road, Nungambakkam Chennai-600 008.
2.The Chief Educational Officer Chief Educational Office Tiruvallur - 602 001.
3.The District Educational Officer, Tiruthani, Tiruvallur - 631 209.
4.C.S.I. High School, Tiruthani Rep. By its Correspondent Mr.J.Aaron Justin Samuel Door No.18, Arakkonam Road, Tiruthani, Tiruvallur District.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to consider and pass orders on the representation dated 18.11.2016 submitted
by the 4th respondent School in the light of the orders passed by this Court in W.P.No.32532 of 2018 dated 31.08.2021.
For Petitioner : Mr.M.Ramalingam For R1 to R3 : Mr.S.Arumugam Government Advocate
ORDER
This Writ Petition has been filed for direction directing the respondents 1 to 3 to consider and pass orders on the approval representation of the the fourth respondent herein.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. It is seen that the petitioner was appointed in the fourth respondent School in the vacancy caused due to the retirement of another Sewing Teacher on 16.08.2016. Consequent upon the said appointment of the petitioner, the fourth respondent had submitted the appointment for approval to the respondents 1 to 3 herein. However, it was rejected and the same was challenged before this Court in W.P.No.32532 of 2018. This Court, by an order dated 31.08.2021, disposed the writ petition with a direction to the respondents 1 to 3 to consider the appointment of the fourth respondent favorably with effect from 18.11.2016 provided the petitioner has satisfied the other
requirements of Rule 15 of the Tamil Nadu Recognition of Private Schools (Regulation) Rules, 1974, within a period of eight weeks from the date of receipt of a copy of the order. Now the said proposal is pending with the respondents 1 to 3 without passing any order as directed by this Court. However, the fourth respondent School did not take any steps to expedite the approval of the appointment of the petitioner. Therefore, the petitioner filed this writ petition to consider the proposal sent by the fourth respondent for approval of her appointment.
4. Considering the above facts and circumstances of the case, the third respondent is directed to consider the approval sent by the fourth respondent for approval of the petitioner's appointment as directed by this Court in W.P.No.32532 of 2018 dated 31.08.2021, and pass orders on merits within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No costs.
03.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp
G.K.ILANTHIRAIYAN. J, Lpp To 1.The Joint Director School Education (Elementary) College Road, Nungambakkam Chennai-600 008.
2.The Chief Educational Officer Chief Educational Office Tiruvallur - 602 001.
3.The District Educational Officer, Tiruthani, Tiruvallur - 631 209.
4. The Public Prosecutor, High Court, Madras.
03.01.2024