Mukkulathore Higher v. The Chief Educational Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10437 of 2018 Mukkulathore Higher Secondary School, Represented by its Secretary, Thiruverumbur, Trichy 620 013.

... Petitioner vs.

1. The Chief Educational Officer, Trichy.

2. The District Educational Officer, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 18.04.2018 requesting to remove the condition No.4 in the 2nd respondent's proceedings in Na.Ka.No.3650/A2/2013 dated 13.10.2016 within a time frame as fixed by this Court.

For Petitioner : Mr.N.C.Ashok Kumar For Respondents : Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents.

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

It is the grievance of the petitioner that his representation dated 18.04.2018, seeking for remove the condition No.4 in the 2nd respondent's proceedings in Na.Ka.No.3650/A2/2013 dated 13.10.2016, has not been considered by the second respondent till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is

needless to point out that whenever an representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation, dated 18.04.2018, on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Protocol) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Chief Educational Officer, Trichy.

2. The District Educational Officer, Trichy.

+ 1 CC TO Mr.N.C.ASHOK KUMAR, ADVOCATE IN SR No. 73577 SJI TE/SKN-RSK/SAR-4 : 30/07/2018 : 2P/4C W.P.(MD) No.10437 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/