The Director Of School Education v. Jothi Higher Secondary School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and CMP(MD)No.13324 of 2024

1. The Director of School Education, O/o. The Directorate of School Education, DPI Compound, College Road, Chennai - 6.

2. The Chief Educational Officer, O/o. The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, O/o. The District Educational Officer, Melur, Madurai District.

... Petitioners vs.

Jothi Higher Secondary School, Narimedu, Madurai, Represented by its Correspondent R.Arun ... Respondent Prayer : Review Application filed under Order 47 Rules 1 and 2 read with Section 114 of the Civil Procedure Code, to review the order dated 11.04.2022 passed by this Court in W.A(MD)No.328 of 2022. Page No.1 of 4

For Petitioners : Mr.S.P.Maharajan, Special Government Pleader For Respondent : Mr.S.Venkatesh Kumar for M/s.Ajmal Associates

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The review is sought for of the order dated 11.04.2022 made in W.A(MD)No.327 of 2022.

2.

The order of the learned Single Judge made in W.P(MD)No.18629 of 2020 setting aside the order refusing approval and remitting the matter to the 3rd review applicant herein, for fresh consideration, was the subject matter of challenge in the appeal. The Division Bench had dismissed the appeal. It is now brought to our notice that after the order was passed in W.A(MD)No.328 of 2022, the second review applicant namely, Chief Educational Officer, Madurai District, has rejected the approval for appointment of the teacher in the respondent school. That order was subject matter of challenge in W.P(MD)No. 30389 of 2023. One of us (R.VIJAYAKUMAR, J.) has allowed the said writ petition by order dated 20.12.2023. This order was made subject matter of challenge in W.A(MD)No.1037 of 2024 and the same was dismissed by the Division Bench on 21.06.2024. During the pendency of the contempt Page No.2 of 4

proceedings in Cont.P(MD)No.1646 of 2024, approval was also accorded for the appointment on 30.08.20024. Hence, we see no reason to entertain the review application. The Review Application is, therefore, dismissed. No costs. The arrears of salary payable to the teacher shall be paid within a period of twelve weeks from today. Consequently, connected miscellaneous petition is closed.

(R.S.M, J.) (R.V, J.) 18.09.2024 Index : Yes / No : Yes / No bala To

1. The Director of School Education, O/o. The Directorate of School Education, DPI Compound, College Road, Chennai - 6.

2. The Chief Educational Officer, O/o. The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, O/o. The District Educational Officer, Melur, Madurai District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and R.VIJAYAKUMAR, J.

bala and CMP(MD)No.13324 of 2024 18.09.2024 Page No.4 of 4