Madras High CourtWP(MD)/10749/2019disposed of

S.Antony Stephen v. The Chief Educational Officer

2019-04-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10749 of 2019 S.Antony Stephen ... Petitioner Vs.

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

2.The District Educational Officer, Kuzhithurai, Kanyakumari District.

3.The Correspondent, St.Joseph Higher Secondary School, Vizhuthayambalam, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of issue a Writ of Mandamus, directing the respondents to appoint the petitioner as P.G. Assistant in English in the 3rd respondent school and thereafter approve the appointment of the petitioner in the forthcoming vacancy due to the retirement of Mr.Christu Dhas P.G.Assistant in English by considering the representation of the petitioner dated 08.04.2019. For Petitioner : Mr.S.Herold Singh For Respondent : Mrs.S.Srimathy, Nos.1 and 2 Special Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents to appoint the petitioner as P.G. Assistant in English in the 3rd respondent school and thereafter approve the appointment of the petitioner in the forthcoming vacancy due to the retirement of Mr.Christu Dhas P.G.Assistant in English by considering the representation of the petitioner dated 08.04.2019. 2.Heard the learned Counsel on either side. By Consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel for the petitioner submitted that the petitioner sent a representation to the respondents seeking appointment to the post of PG Assistant in the vacancy, due to the retirement of one Christu Dhas, P.G.Assistant in English. However, such representation of the petitioner has not been considered by the respondents. Therefore, the petitioner is before this Court with the above prayer.

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4.The learned Special Government Pleader appearing for the respondents submitted that the third respondent would consider the representation of the petitioner and pass orders on merits. 5.Considering the limited scope of the relief sought for by the petitioner in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 08.04.2019, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The District Educational Officer, Kuzhithurai, Kanyakumari District.

3.The Correspondent, St.Joseph Higher Secondary School, Vizhuthayambalam, Kanyakumari District.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-63791[F] dated 29/04/2019 ) +1 CC to M/s.SPL GP ( SR-65045[F] dated 02/05/2019 ) ORDER MADE IN WP(MD)No.10749 of 2019 29.04.2019 CS: 28/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/