The Secretary v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD The Secretary, Thirthapathy Higher Secondary School, Ambasamudram, Tirunelveli District.

... Petitioner Vs.

1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2.The District Educational Officer, District Educational Office, Cheranmahadevi, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to pass orders on the recommendation forwarded by the second respondent to the first respondent under Na.Ka.No.1202/A4/2019, dated 30.11.2021, pertaining to appointment of a Post Graduate Teaching Staff for the subject "Zoology" in the petitioner School, by fixing a time frame and pass such further or other orders as this Court.

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For Petitioner : Mr.K.R.Laxman For Respondents : Mr.N.Ramesh Arumugam Government Advocate

ORDER

This writ petition has been filed seeking for a Mandamus to the first respondent to pass orders on the recommendation forwarded by the second respondent to the first respondent under Na.Ka.No.1202/A4/2019, dated 30.11.2021, pertaining to appointment of a Post Graduate Teaching Staff for the subject "Zoology" in the petitioner School.

2. The case of the petitioner is that the petitioner School was a very predominant School. The School was established in the year 1978. On 01.12.2018, one Mr.V.Srinivasan, who worked as a Post Graduate Zoology Teacher got retired from the petitioner School. There are several students, who have their dream to place their career in Medicine for the purpose of getting a Medical seat in Medical College. Hence, Zoology is one of the very important subjects. After the superannuation of Mr.V.Srinivasan, the petitioner School gave a representation, dated 26.03.2019 to the second respondent for the purpose of getting approval to the post of Post Graduate Teaching Staff for the 2/5

subject "Zoology". Though the petitioner gave a representation on 26.03.2019, it was forwarded to the first respondent only on 30.11.2021, after a lapse of nearly three years. But the same is not considered till date. Aggrieved by the same, the petitioner has come forward with the present writ petition.

3. Heard the learned Counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. The learned Counsel appearing for the petitioner submitted that already recommendation / proposal was sent by the second respondent / District Educational Officer vide Na.Ka.No.1202/A4/2019, dated 30.11.2021 recommending the name of the petitioner for appointment as P.G Assistant "Zoology" and no orders have been passed till date even after lapse of nearly three years.

5. The learned Government Advocate appearing for the respondents submitted that appropriate orders would be passed by the first respondent within the time that may be stipulated by this Court. 3/5

6. In view of the above submission made by the learned Counsel for either side, this Court direct the first respondent to pass appropriate orders in the light of the recommendation / proposal by the second respondent / District Educational Officer, Cheranmahadevi, Tirunelveli, vide Na.Ka.No. 1202/A4/2019, dated 30.11.2021 within a period of six (6) weeks from the date of receipt of a copy of this order.

7. The writ petition stands disposed of with the above observations and directions. There shall be no order as to costs. 18.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2.The District Educational Officer, District Educational Office, Cheranmahadevi, Tirunelveli District.

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J. SATHYA NARAYANA PRASAD , J.

BTR 18.10.2024 5/5