M.Abilash v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.2577 of 2025 M.Abilash ... Petitioner Vs

1. The State of TamilNadu, Rep. by its Secretary, Department of School Education, Fort, St. George, Chennai-600 009.

2. The Director of School Education, College Road, Chennai-600 006.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District.

4. The District Educational Officer, (Secondary Education), Marthandam, Kanyakumari District.

5. The Correspondent, Arunachalam Higher Secondary School, Thiruvattar-629 177, Kanyakumari District.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent Chief Educational Officer to approve forthwith the appointment of petitioner as PG Assistant Maths in the fifth respondent school namely Arunachalam Higher Secondary School, Thiruvattar, w.e.f., 20.07.2017 and disburse the grant-in-aid towards his salary and allowance w.e.f. the said date. For Petitioner : M/s.A.Amala For Respondent Nos.1 to 4 : Mr.T.Amjadkhan Government Advocate

O R D E R

The instant writ petition has been filed by PG Assistant (Maths) teacher appointed to the fifth respondent school, seeking a mandamus as against the third respondent to approve his appointment.

2. A perusal of the records reveal that the petitioner was appointed as PG Assistant (Maths) teacher in the fifth respondent school on 20.07.2017. The management has forwarded a proposal to the fourth respondent on 02.01.2018. The management has sent a reminder on 06.10.2020. In March 2021 the fourth respondent has called for certain particulars from the management. The said particulars have been furnished by the management on 2/6

24.08.2021. The management has sent another reminder on 17.10.2024. So far, the fourth respondent has not chosen to either reject or forward the same to the fifth respondent. Hence, the present writ petition has been filed.

3. According to the petitioner, the fifth respondent school is a aided minority institution and there is only one post of PG Assistant (Maths) for which the petitioner has been appointed. Therefore, there is no legal impediment for approving the appointment of the petitioner.

4. Considering the above said facts, the fourth respondent herein is directed to forward the proposal submitted by the management to the third respondent within a period of eight weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent shall consider the same and pass orders on merits and in accordance with law within a period of eight weeks thereafter.

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5.With the above said observations, this writ petition is disposed of. No costs.

29.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn To 4/6

1. The Secretary, Department of School Education, Fort, St. George, Chennai-600 009.

2. The Director of School Education, College Road, Chennai-600 006.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District.

4. The District Educational Officer, (Secondary Education), Marthandam, Kanyakumari District.

5. The Correspondent, Arunachalam Higher Secondary School, Thiruvattar-629 177, Kanyakumari District.

R.VIJAYAKUMAR,J.

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