Madras High CourtWP(MD)/14488/2012dismissed

P.Arumugam v. The Director Of Elementary

2019-07-31Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.14488 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.14488 of 2012 P.Arumugam ... Petitioner vs.

1.The Director of Elementary Education College Road, Chennai 2.District Elementary Educational Officer Virudhunagar District Virudhunagar 3.Assistant Elementary Educational Officer Aruppukottai Virudhunagar District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st respondent to appoint the petitioner in AEEO post available with the 1st respondent and consider him in the next vacancy of AEEO post on a priority basis, on the basis of representation dated 25.06.2012. For Petitioner :

Mr.K.K.Kannan For Respondents :

Mrs.S.Srimathy Special Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to the first respondent to appoint the writ petitioner as Assistant Elementary Educational Officer, by considering his name in the next vacancy on priority basis and on the basis of the representation, dated 25.06.2012 submitted by him.

2. The writ petitioner is working as Headmaster in the Panchayat Union Middle School, Koppuchittampatti and he claims that he is qualified for promotion to the post of Assistant Elementary Educational Officer.

3. This Court is of the opinion that in respect of all such promotions, the respondents have to consider the names of all the eligible candidates, who all are aspiring to secure promotion to the post of Assistant Elementary Educational Officer. Promotions per se https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD) No.14488 of 2012 can never be claimed as a matter of legal right. All promotions are to be made strictly in accordance with the rules in force. If at all the writ petitioner is qualified and eligible, his name is also to be considered along with all other eligible candidates at the time of preparation of panel, in accordance with the rules in force by the authorities competent. However, the relief as such sought for to grant promotion by directing the respondents cannot be granted.

4. Accordingly, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To:

1.The Director of Elementary Education, College Road, Chennai.

2.District Elementary Educational Officer, Virudhunagar District, Virudhunagar.

3.Assistant Elementary Educational Officer, Aruppukottai, Virudhunagar District +1 CC to M/s.K.K.KANNAN, Advocate ( SR-79140[F] dated 01/08/2019 ) +1 CC to M/s.SPL GP ( SR-79200[F] dated 01/08/2019 ) W.P.(MD) No.14488 of 2012 31.07.2019 KRK KK/SAR/08.08.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4