Ilayangudi Melappallivasal Girls v. The Director Of School Education,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Ilayangudi Melappallivasal Girls Higher Secondary School, Rep by it's Correspondent, Mr.A.M.Kader Meera Ilayangudi-630 702, Sivagangai District.

... Petitioner Vs.

1. The Director of School Education, O/o. the Director of School Education, D.P.I.Complex, Chennai-600 006.

2. The Chief Educational Officer, O/o. the Chief Educational Office, Sivagangai District

3. The District Educational Officer, O/o. the District Educational Office, Sivagangai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to approve the appointment of one Mr.S.A.Sabeer Ahamed as Junior Assistant in the Petitioner's School w.e.f 01.09.2020 and by considering the petitioner's proposal dated 01.09.2020 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

2.Since the petitioner's request to the respondents to approve the appointment of one Mr.S.A.Sabeer Ahamed as Junior Assistant in the Petitioner's School w.e.f 01.09.2020 was not considered, the Writ Petition has been filed. According to the petitioner, he has sent a proposal in this regard on 01.09.2020, which is still pending.

3. It is needless to point out that whenever a representation/proposal of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation/proposal by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's proposal dated 01.09.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's proposal dated 01.09.2020, on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS-) 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. 2/3

To:-

1. The Director of School Education, O/o. the Director of School Education, D.P.I.Complex, Chennai-600 006.

2. The Chief Educational Officer, O/o. the Chief Educational Office, Sivagangai District

3. The District Educational Officer, O/o. the District Educational Office, Sivagangai District.

+1 CC to SPECIAL GOVERNMENT PLEADER ( SR-11001[F] dated 15/03/2021 ) +1 CC to M/s.AJMAL ASSOCIATES, ( SR-11230[F] dated 15/03/2021 ) CP TE : 30/03/2021 : 3P/6C 12.03.2021 3/3