Hindu Middle School, v. The Director Of School Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.03.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 32844 of 2018 Hindu Middle School, Rep. by its Secretary, Subbanoor, Kizhpavur Range, Tenkasi Taluk, Tirunelveli District.

.. Petitioner ..vs..

1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Tirunelveli - 1.

3.The District Educational Officer, Tenkasi, Tirunelveli District.

4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

5.Sundaravelraj, Teacher, K.C.Middle School, Venkatampatti, Kadayam, Tirunelveli District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's representation dated 24.07.2017 made for the grant of permission for punishing the 5th respondent within a time frame.

For Petitioner : Mr.L.Chandrakumar For Respondents: Mr.A.Raja Perumal Additional Government Pleader

O R D E R

The relief as such sought for in the present writ petition is for a direction to direct the 1st respondent to consider and pass orders on the petitioner's representation dated 24.07.2017, made for the grant of permission for punishing 5th respondent.

2. The 5th respondent is working as a Teacher in the writ petitioner School. On account of the certain serious allegations, disciplinary proceedings were initiated against 5th respondent by the School Management. The process of enquiry had already been completed and in order to seek prior permission for punishing the Educational Authorities, proposals were submitted before the first respondent. The first respondent is keeping the proposals pending for long time. In this regard, the writ petitioner had submitted a representation on 24.07.2017, and the said representation is also kept pending without any reply. In view of the fact that the allegations are serious in nature, the school management is bound to consider the application urgently.

3. Under these circumstances, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioner on 24.07.2017, and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

4. The writ petitioner is directed to enclose copies of all the relevant documents, if any, along with the order passed in the present writ petition.

5. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pns To 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Tirunelveli - 1.

3.The District Educational Officer, Tenkasi, Tirunelveli District.

4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

+1cc to Mr.L.Chandrakumar , Advocate SR.No. 30228 +1 cc to Government Pleader SR.NO. 31060 W.P.No. 32844 of 2018 A.SK(30/04/2019)