S.Santha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.18894 of 2015 and M.P.(MD) No.1 of 2015 S.Santha ... Petitioner vs.
1. The State of Tamil Nadu rep.by its Secretary to Government School Education Department Fort.St.George, Chennai-600 009
2. The Director of School Education College Road, Chennai-600 006
3. The Chief Educational Officer Nagerkovil, Kanniyakumari District
4. The District Educational Officer Kuzhithurai, Kanniyakumari District
5. Shri Devi Girls Higher Secondary School Kollemcode, Kanniyakumari District rep.by its Secretary, Kollemcode Kanniyakumari District ... Respondents [Cause Title amended vide order of this Court dated 19.06.2019 passed in M.P.(MD) No.2 of 2015] PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the 5th respondent to promote and appoint the petitioner as the P.G.Assistant in Economics with effect from 01.06.2015 and pass orders on the representation of the petitioner dated 12.08.2015 and to pay all benefits.
For Petitioner :
Mr.A.S.Mujibur Rahman For Respondents :
Mrs.S.Srimathi Special Government Pleader for R1 to R4 Mr.T.Cibi Chakraborthy for R5
O R D E R
The relief sought for in the present writ petition is to direct the fifth respondent to promote and appoint the writ petitioner as P.G.Assistant in Economics with effect from 01.06.2015.
2. The fifth respondent / School is an Aided School, wherein, the writ petitioner is working as B.T.Assistant.
3. The learned counsel for the writ petitioner states that the writ petitioner is fully qualified for promotion to the post of P.G.Assistant in Economics. The grievance of the writ petitioner is that her name was not considered for promotion despite the fact she is fully qualified.
4. The learned counsel appearing for the fifth respondent opposed the contentions of the writ petitioner by stating that the name of the writ petitioner was considered at the time of undertaking the process of selection by the Management and she was not selected for appointment to the post of P.G.Assistant in Economics. The other person, namely, Smt.Sabitha was selected and appointed in the post of P.G.Assistant in Economics.
5. The present writ petition is filed without impleading the appointed candidate and without challenging the order of such appointment. This apart, promotion or appointment can never be claimed as a matter of right. Promotions are to be made in accordance with the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 (hereinafter, referred to as "the Act"). If at all there is any irregularity or illegality in the matter of appointment or promotion, the writ petitioner has to redress her grievance by filing an appeal before the Appellate Authority under the provisions of the Act and thereafter, she has to approach the competent forum for appropriate remedy.
6. In the present case on hand, the writ petitioner has not impleaded the necessary party and not challenged the order of appointment made in favour of a third person. Thus, the writ petitioner is at liberty to prefer an appeal before the Appellate Authority under the provisions of the Act, if any grievance exists as of now.
7. With these observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) krk
To:
1. The Secretary to Government, School Education Department, Fort.St.George, Chennai-600 009.
2. The Director of School Education, College Road, Chennai-600 006.
3. The Chief Educational Officer, Nagerkovil, Kanniyakumari District.
4. The District Educational Officer, Kuzhithurai, Kanniyakumari District.
+ 1 CC TO Mr.A.S.Mujibur Rahman, ADVOCATE IN SR No.69998 + 1 CC to The Special Government Pleader SR.No.70449 + 1 CC TO Mr.Isaac Chambers, ADVOCATE IN SR No.69960 W.P.(MD) No.18894 of 2015 and M.P.(MD) No.1 of 2015 19.06.2019 KS(28.06.2019) 3 P 8 C