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Madras High CourtWP(MD)/1415/2020dismissed

K.Gandhi v. The Princpal Secretary

2021-12-13Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.4863 and 1138 of 2021 K.Gandhi ... Petitioner Vs 1.The Principal Secretary, Department of School Education, St.George Fort, Chennai - 600 009.

2.The Director of School Education, Chennai.

3.The Joint Director of School Education, Chennai.

4.The Chief Educational Officer, Pudukottai District, Pudukottai.

5.The District Educational Officer, Pudukottai District, Pudukottai.

6.The Headmaster, Ranees Government Girls Higher Secondary, Pudukottai District, Pudukottai.

7.Guru Marimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the second respondent to cancel the appointment order of the 7th respondent by appointing as Deputy Inspector of Educational Department on 13.01.2020 at Pudukottai District and appoint the petitioner as Deputy Inspector in Educational Department in Pudukottai District, Pudukottai on the basis of the representation dated 13.01.2020 and 17.01.2020.

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For Petitioner :

Mr.E.Somasundaram For Respondent :

Mr.G.V.Vairam Santhosh, Nos.1 to 6 Additional Government Pleader For Respondent :

Mr.K.Baalasundharam No.7

ORDER

This writ petition has been filed for a mandamus, to direct the second respondent to cancel the appointment order of the seventh respondent appointing him as Deputy Inspector of Educational Department, Pudukottai and appoint the petitioner therein, by considering his representation.

2.The learned Additional Government Pleader appearing for the official respondents produced the proceedings in Na.Ka.No.05090/C2/E1/2018, dated 08.01.2020 and submits that this writ petition is not maintainable, without challenging the appointment of the seventh respondent.

3.A perusal of the above proceedings shows that the seventh respondent G.Marimuthu has been transferred and posted as Deputy Inspector of Education, Pudukottai District on 08.01.2021. If at all the petitioner is having any grievance over the appointment of seventh respondent as Deputy Inspector of Education, Pudukottai, it is always open to the petitioner to challenge the same, but a mandamus cannot lie to cancel the said appointment. 4.In view of the above, this writ petition is dismissed with liberty to the petitioner to challenge the said appointment in the manner known to law. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk 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.

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To 1.The Principal Secretary, Department of School Education, St.George Fort, Chennai - 600 006.

2.The Director of School Education, Chennai.

3.The Joint Director of School Education, Chennai.

4.The Chief Educational Officer, Pudukottai District, Pudukottai.

5.The District Educational Officer, Pudukottai District, Pudukottai.

+1 CC to M/s.E.SOMASUNDARAM, Advocate (SR-38574[F] dated 14/12/2021 ) +1 CC to M/s.SPL GP ( SR-38605[F] dated 14/12/2021 ) 13.12.2021 USK (30.12.2021) 3P 8C 3/3