A. Nagalakshmi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)Nos.2926, 2929, 2931 and 2932 of 2020 A.Nagalakshmi ... Petitioner in W.P.(MD) No.2926 of 2020 R.Malathi ... Petitioner in W.P.(MD) No.2929 of 2020 S.Ambika ... Petitioner in W.P.(MD) No.2931 of 2020 Palanikumar ... Petitioner in W.P.(MD) No.2932 of 2020 /vs./ 1.The State of Tamilnadu, represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The District Educational Officer, Srivilliputhur, Virudhunagar District.
... Respondents 1 to 3 in all W.Ps., The Secretary, Pu.Mu.Ma.Ammaiappa Nadar Higher Secondary School, Thalavaipuram 626 188, Virudhunagar District.
... 4th Respondent in W.P.(MD) No.2926 of 2020 The Secretary, Pu.Mu.Marimuthu Nadar Higher Secondary School, Thalavaipuram 626 188, Virudhunagar District.
... 4th Respondent in W.P.(MD) Nos.2929, 2931 & 2932 of 2020 1/3
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents not to insist the petitioners to pass/clear the Teacher Eligibility Test (TET) in view of the cutoff date 29.07.2011 fixed for Teacher Eligibility Test (TET) as mandated G.O.(Ms). No.181, School Education, dated 15.11.2011.
For Petitioner in all W.Ps., : Mr.A.Balaji For R1 to R3 in all W.Ps., : Mr.M.Karuppasamy Government Advocate COMMON ORDER The petitioners were aggrieved since the respondents are insisting them to pass the Teacher Eligibility Test as per G.O.Ms.No.181, School Education, dated 15.11.2011. 2.The petitioners were appointed with effect from 24.03.2011, 22.03.2011, 27.07.2011 and 22.03.2011 respectively and it is their case that the second respondent cannot insist them for passing of Teacher Eligibility Test. Hence, they have filed the present writ petitions seeking for issuance of Writ of Mandamus. 3.
Whenever a grievance of this nature arises, there is a duty cast on the petitioners to approach the statutory respondent first making the request and in case of non consideration of such a request, they may be justified in approaching this Court, on the ground that non consideration of their request may amount to dereliction of the duties of the statutory authority. As such, without approaching the concerned respondent to redress their grievance, this Court may not be justified in issuing a mandamus as prayed for. However, if the petitioners are granted liberty to approach the second respondent with representations and with a consequent direction to the second respondent to consider the same, within a stipulated time, the ends of justice could be secured. 4.
In the light of the above observations, the petitioners are granted liberty to give individual representations before the second respondent herein, ventilating their grievances, as expeditiously as possible and on receipt of such representations, the second respondent herein is directed to consider the same on its own merits and pass appropriate orders, atleast within a period of six weeks from the date of receipt of such representations. It is made clear that this Court has not expressed any of its view with regard to the requirement of passing the Teacher Eligibility Test and that the authorities are at liberty to take a decision in this regard, in accordance with law.
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5.With the above directions, these Writ Petitions stand disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) mm To 1.The Principal Secretary, Department of School Education, Fort St.George, Chennai 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The District Educational Officer, Srivilliputhur, Virudhunagar District.
+1 CC to M/s.SPL.GP ( SR-6596[F] dated 17/02/2020 ) +4 CC to M/s.A.BALAJI, Advocate ( SR-6690 to 6693 [F] dated 17/02/2020 ) W.P.(MD)Nos.2926, 2929, 2931 and 14.02.2020 JMN(06.03.2020) 3P : 9C 3/3