Hindu Primary School v. The District Educational Officer (Elementary)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD).No.1669 of 2025 Hindu Primary School, Represented by its Secretary, Mrs.V.Annathai ... Petitioner -vs1. The District Educational Officer (Elementary), O/o.The District Educational Officer, Tenkasi, Tenkasi District.
2. The Block Educational Officer-I, Block Education Office, Kadayanallur Taluk, Tenkasi District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in A.Thi.Mu.No.1232/A1/2024 dated 06.01.2025 on the file of the Respondent No.2 and quash the same as illegal and consequently for a direction, directing the Respondent No.1 to grant prior approval for filing up the Post of Secondary Grade Teacher in the petitoner's school.
1/4
For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader
O R D E R
The instant writ petition has been filed by the management of aided minority institution, challenging the return order passed by the second respondent herein.
2. A perusal of the records reveal that the petitioner management has sent a communication to the third respondent on 29.10.2024, seeking prior permission to fill up the post of Secondary Grade Teacher. The said proposal has been returned by the second respondent herein, stating that clause 14 of the instructions issued by the District Educational Officer (Elementary), Tenkasi, dated 25.10.2024 have to be followed. This return order is under challenge in the present writ petition.
3. According to the learned Counsel appearing for the writ petitioner, the petitioner institution is a stand alone institution, therefore, clause 14 of the instructions issued by the District Educational Officer (Elementary), 2/4
Tenkasi, dated 25.10.2024, which relates to corporate management is not applicable to them. Hence, the present writ petition has been filed.
4. Considering the above said facts, the petitioner management is directed to resubmit the proposal, pointing out that the said institution is a stand alone institution and Clause 14 of the instructions issued by the District Educational Officer (Elementary), Tenkasi, dated 25.10.2024 is not applicable to them. In case, if the proposal is resubmitted, the same shall be considered on merits and it may be forwarded to the first respondent for passing appropriate orders within a period of eight weeks from the date of receipt of proposal of the petitioner management.
5. With the above said observations, this writ petition stands disposed of. No costs.
23.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To
1. The District Educational Officer (Elementary), O/o.The District Educational Officer, Tenkasi, Tenkasi District.
2. The Block Educational Officer-I, Block Education Office, Kadayanallur Taluk, Tenkasi District.
W.P(MD)No.1669 of 2025 23.01.2025 4/4