Madras High CourtWP(MD)/17150/2013disposed of

M.Ukkirapandian, v. The Joint Director,

2021-12-13Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)Nos.1 and 2 of 2014 W.P.(MD)No.17150 of 2013:

M.Ukkirapandian ... Petitioner vs.

1.The Joint Director, 4.The Secretary, G.S.Hindu Higher Secondary School, Srivilliputhur-626 125, 5.R.Balasubramanian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Respondent No.3 to approve the promotion of the petitioner to the post of P.G.Assistant in Economics, with effect from the date of promotion, i.e., 06.08.2012, without entertaining the objections if any from the Respondent No.5.

For Petitioner : Mr.Karthik for Mr.T.Lajapathi Roy For R1 to R3 : Mr.J.K.Jayaselan Government Advocate 1/4

For R4 : Mr.G.Prabhu Rajadurai for M/s.G.Kavitha For R5 : Mr.T.Pon Ram Kumar W.P.(MD)No.703 of 2014:

R.Balasubramanian ... Petitioner vs.

1.The Joint Director of School Education, 4.The Secretary, G.S.Hindu Higher Secondary School, Srivilliputhur-626 125, 5.M.Ukkirapandian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records connected with the impugned order of promotion, promoting the fifth respondent as P.G.Assistant (Economics) with effect from 06.08.2012, passed by the fourth respondent, dated 06.08.2012 and to quash the same and to direct the fourth respondent to promote the petitioner as P.G.Assistant (Economics) with effect from 06.08.2012, with all consequential benefits as per rule 15(4) (i) of Tamilnadu Recognised Private Schools (Regulations) 1974. For Petitioner : Mr.T.Pon Ram Kumar For R1 to R3 : Mr.J.K.Jayaselan Government Advocate For R4 : Mr.G.Prabhu Rajadurai for M/s.G.Kavitha 2/4

For R5 : Mr.Karthik for Mr.T.Lajapathi Roy ***** COMMON ORDER The Writ Petition in W.P.(MD)No.17150 of 2013, is filed for issuance of Writ of Mandamus, to direct the Respondent No.3 to approve the promotion of the petitioner to the post of P.G.Assistant in Economics, with effect from the date of promotion, i.e., 06.08.2012, without entertaining the objections if any from the Respondent No.5.

2.The Writ Petition in W.P.(MD)No.703 of 2014, is filed for issuance of Writ of Certiorarified Mandamus, to call for the records connected with the impugned order of promotion, promoting the fifth respondent as P.G.Assistant (Economics) with effect from 06.08.2012, passed by the fourth respondent, dated 06.08.2012 and to quash the same and to direct the fourth respondent to promote the petitioner as P.G.Assistant (Economics) with effect from 06.08.2012, with all consequential benefits as per rule 15(4)(i) of Tamilnadu Recognised Private Schools (Regulations) 1974.

3. The case of the writ petitioner Mr. Balasubramanian is that, under Rule 15(4)(i) of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974 merit and ability ought to be considered and he claims he is meritorious that Ukirapandian. The said Mr. Balasubramanian relied on the marks awarded during the selection process and the resolution passed by the Management after the selection process. The selection committee has granted five marks for both the candidates under the head "Previous Experience".

4. The contention of the said Mr. Balasubramanian is that in the year 2004 the said Ukkirapandian was having experience of B.T. Assistant only and his name cannot be considered. This contention is baseless, since the selection process was conducted on 03.08.2012 i.e. for the year 2012 and the committee ought to take into account the service particulars of the candidates as in the year 2012.

5. The Learned Counsel for the management stated the official respondents have not approved the promotion of Unkkkirapandian and the proposal is still lying before the Chief Educational Officer. Therefore this Court without going into the merits of the case is directing the CEO to consider the proposals submitted by the School on 30.03.2013. The CEO shall consider the entire issue under Rule 15 (4)(i) of the Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974 and pass appropriate orders within a period of four weeks from the date of receipt of the copy of the order. 3/4

6.Accordingly, the Writ Petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Tmg To 1.The Joint Director, +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-38516[F] dated 14/12/2021 ) +2 CC to M/s.T.PON RAMKUMAR, Advocate ( SR-38707[F] dated 14/12/2021 ) 13.12.2021 RD(4.01.2022) 4P 7C 4/4