A.Rajanayagam v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.(MD).No.3 of 2011 A.Rajanayagam ... Petitioner Vs.
1.The Secretary to Government, Department of Education, Fort St. George, Chennai 600 009.
2.The Director of School Education, College Road, Chennai 600 006.
3.The Joint Director of School Education, (Higher Secondary), College Road, Chennai 600 006.
4.The Joint Director, (Vocational Education), College Road, Chennai 600 006.
5.The Chief Educational Officer, Thoothukudi, Thoothukudi District.
6.The Head Master, Arulmigu Senthilandavar Government Boys Higher Secondary School, Thiruchendur, Thoothukudi District.
7.Mr.G.Eraioli B.T.Assistant, Government Higher Secondary School, Kolur, Thiruvallur District.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call 1/3
for the records pertaining to the impugned proceedings in Na.Ka.No.46701/W3/E2/2011, dated 13.06.2011 on the file of the third respondent and quash the same as illegal and consequently direct the third respondent to call for a fresh panel for promotion to the post of Post Graduate Assistant in Commerce without the ratio of 1:3 for recruitment by transfer from among the qualified persons possessing Bachelor's Degree and Master's Degree in the same subjects (Preferential persons) and from among the qualified persons possessing Bachelor's Degree and Master's Degree in different subjects (Non preferential persons) respectively. For Petitioner : Mr.T.Lajapathi Roy For R1 to R5 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For R6 : No appearance
O R D E R
This writ petition has been filed challenging the impugned proceedings of the third respondent in Na.Ka.No.46701/W3/E2/2011, dated 13.06.2011 and to quash the same as illegal and consequently direct the third respondent to call for a fresh panel for promotion to the post of Post Graduate Assistant in Commerce without the ratio of 1:3 for recruitment by transfer from among the qualified persons possessing Bachelor's Degree and Master's Degree in the same subjects (Preferential persons) and from among the qualified persons possessing Bachelor's Degree and Master's Degree in different subjects (Non preferential persons) respectively.
2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the very same issue was raised in W.P.(MD).No.911 of 2011 and the same was tagged along with W.P.(MD).No.12288 of 2010, which is pending before the Division Bench of this Court.
3. In view of the above, this Writ Petition is closed. However, this Court permits the petitioner to raise all the issues before the Division Bench of this Court. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary to Government, Department of Education, Fort St. George, Chennai 600 009.
2.The Director of School Education, College Road, Chennai 600 006.
3.The Joint Director of School Education, (Higher Secondary), College Road, Chennai 600 006.
4.The Joint Director, (Vocational Education), College Road, Chennai 600 006.
5.The Chief Educational Officer, Thoothukudi, Thoothukudi District.
+1 CC to SGP ( SR-809[F] dated 11/01/2021 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-866[F] dated 11/01/2021 ) 08.01.2021 MJ (CO) NR (09/02/2021) 3P : 8C 3/3