← Library
Madras High CourtWP(MD)/5222/2023dismissed

Dhanalakshmi v. The District Collector

2025-12-03Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.4918 of 2023 Dhanalakshmi

...Petitioner

Vs 1.The District Collector, The Office of District Collector, Madurai District.

2.The Block Educational Officer, The Office of Block Educational Officer, Kallikudi Taluk, Madurai District.

3.The Chairman, The School Management Committee, Ulagani Government Middle School, Ulagani Panchyat, Kallikudi Taluk, Madurai District.

4.The Head Master, Ulagani Government Middle School, Ulagani Panchayat, Kallikudi Taluk, Madurai District.

5.The Panchayat President, Ulagani Panchyat, Kallikudi Taluk, Kallikudi Taluk, Madurai District.

6.M.Rajaseema

...Respondents

1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to appoint the petitioner as a temporary special teacher for LKG and UKG in Ulagani Government Middle School as per G.O.No. 164, dated on 29.09.2022 and as per Resolution passed by the School Management Committee of Ulagani Government Middle School, dated on 27.02.2023 based on the petitioner's representation dated 07.03.2023 within a time stipulated by this Court.

For Petitioner : Mr.S.Sivaprakash For Respondent : Mr.M.Sarangan Nos.1 to 4 Additional Government Pleader For Respondent : Mr.G.Suriyanath No.5

ORDER

The petitioner's daughter was studying in 5th standard in Government Middle School, Ulagani. The petitioner is a member of the School Management Committee and earlier she was also the Chairman of the School Management Committee. The Government vide G.O.No.164, School Education (EE.2(2)) Department, dated 29.09.2022 has provided appointment of Special Teachers for a period of 11 months. By referring to this government order, the petitioner has submitted a representation dated 27.02.2023 seeking appointment as a Special Teacher for LKG and 2/6

UKG in the said school. Since the representation has not been considered the petitioner has filed this writ petition.

2. A detailed counter affidavit has been filed by the respondents and the relevant paragraphs are extracted hereunder: "5. As per G.O.Ms.No.64, dated 29.09.2022 application required from eligible candidates as per the school had received two applications from writ petitioner and M.Rajaseema. The writ petitioner did not have requisite qualification of D.TEd. Apart from that the writ petitioner being a Chairman of the School Management Committee (SMC) cannot appoint herself as a Special Teacher, which is against service jurisprudence. 6.The Proposal of Special Teacher M.Rajaseema appointed on 10.02.2023 and worked form February 2023 to April 2023 received salary. The duration will lapse on April 2023. The writ petitioner elected as President of SMC on 23.04.2022 for a period between April 2022 and April 2024. The writ petitioner's daughter namely Vaishnavi studying 5th standard in the school. The claim made by the writ petition is not sustainable in the eye of law. Moreover, there is no SMC meeting held on 27.02.2023"

3/6

3.The relief sought for in this petition is only a mandamus to consider the petitioner's representation for appointment of temporary Special Teacher for LKG and UKG in Government Middle School, Ulagani as per the said Government Order. This petition is pending nearly for three years. This court is of the view that the respondents instead of filing a detailed counter, ought to have rejected the petitioner's request stating that she is not having the requisite educational qualification and a person in the said post has already been appointed. 4.Considering the counter affidavit of the respondents and the petitioner cannot claim appointment as a matter of right, this writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

5.Considering the manner in which the writ petition has been responded by the department and by the learned Additional Government Pleader, this Court directs the Government Pleader, Madurai Bench of Madras High Court, Madurai to inform All the Heads of Departments to dispose of the representations with regard to the offices, falling under the 4/6

jurisdiction of this Bench in accordance with law, instead of filing a counter.

03.12.2025 DSK To 1.The District Collector, The Office of District Collector, Madurai District.

2.The Block Educational Officer, The Office of Block Educational Officer, Kallikudi Taluk, Madurai District.

3.The Chairman, The School Management Committee, Ulagani Government Middle School, Ulagani Panchyat, Kallikudi Taluk, Madurai District.

4.The Head Master, Ulagani Government Middle School, Ulagani Panchayat, Kallikudi Taluk, Madurai District.

5.The Panchayat President, Ulagani Panchyat, Kallikudi Taluk, Kallikudi Taluk, Madurai District.

6.The Government Pleader, Madurai Bench of Madras High Court, Madurai.

B.PUGALENDHI.J., 5/6

DSK 03.12.2025 6/6