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Madras High CourtWP(MD)/7953/2025disposed of

M. Maria Selvan v. The Director

2025-10-14Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.7953 of 2025 M.Maria Selvan,

...Petitioner

Vs

1. The Director, School Education Department, DPI Campus, College Road, Chennai.

2. The Joint Director (Higher Secondary), School Education Department, DPI Campus, College Road, Chennai.

3. The Chief Educational Officer, Virudhunagar District, Virudhunagar

4. The District Educational Officer (Secondary), Virudhunagar District, Sivakasi.

5. The Secretary, Nadar Higher Secondary School, Zaminkollankondan, Rajapalayam Taluk, Virudhunagar District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the 3rd respondent herein to consider the proposal dated 20.01.2025 submitted by the 5th respondent school and the petitioner's representation dated 07.03.2025 and pass appropriate orders to accord prior permission for filling up the post of Post Graduate (Commerce) consequently accord approval for the petitioner's appointment as Post Graduate (Commerce) in the 5th respondent school with effect from the petitioner's date of appointment (20.01.2025) and release grand in aid within the time stipulated by this Court.

For Petitioner : Mr.S.Vashik Ali For Respondents : Mr.N.Satheesh Kumar, Addl. Govt. Pleader for R1 to R4 Mr.G.Mohankumar for R5

O R D E R

The petitioner has filed this Writ Petition to direct the 3rd respondent herein to consider the proposal dated 20.01.2025 submitted by the 5th respondent school and the petitioner's representation dated 07.03.2025 and pass appropriate orders to accord prior permission for filling up the post of Post Graduate (Commerce) consequently accord approval for the petitioner's appointment as Post Graduate (Commerce) in the 5th respondent school with effect from the petitioner's date of 2/6

appointment (20.01.2025) and release grand in aid within the time stipulated by this Court.

2. The learned counsel for the petitioner would submit that the petitioner was appointed as Teacher in a sanctioned post of Post Graduate (Commerce) and had joined service in the fifth respondent School, on 20.01.2025. The proposal had been forwarded to the respondents to grant approval of the appointment and the same had kept pending. The petitioner had made a representation on 07.03.2025. Hence, he seeks a direction to the respondents to consider the proposal to grant approval to the petitioner's appointment.

3. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that pending this writ petition, the proposal submitted by the fifth respondent had been returned to the Management on 02.04.2025 and the same is yet to be re-submitted. He would further submit that the fifth respondent Management had brought under direct appointment and therefore, the claim of the petitioner cannot be considered.

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4. The learned counsel for the fifth respondent would submit that the Management Committee of the School had been reconstituted and necessay approval has also been given by the authorities in that regard.

5. In view of the proposal submitted by the fifth respondent with regard to the appointment of the petitioner had been returned by communication dated 02.04.2025, there shall be a direction to the fifth respondent to re-submit the proposal to the third respondent within a period of four weeks from the date of receipt of a copy of this order and on receipt of the proposal submitted by the fifth respondent School, the third respondent is directed to consider such proposal on merits and in accordance with law within a period of twelve weeks thereafter and pass appropriate orders with regard to the same.

6. With the aforesaid directions, this Writ Petition stands disposed of. No order as to costs.

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To:

1. The Director, School Education Department, DPI Campus, College Road, Chennai.

2. The Joint Director (Higher Secondary), School Education Department, DPI Campus, College Road, Chennai.

3. The Chief Educational Officer, Virudhunagar District, Virudhunagar

4. The District Educational Officer (Secondary), Virudhunagar District, Sivakasi.

5. The Secretary, Nadar Higher Secondary School, Zaminkollankondan, Rajapalayam Taluk, Virudhunagar District.

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K.KUMARESH BABU , J.

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