R.Giri v. The Chief Education Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Giri : Petitioner Vs.

1.The Chief Education Officer Collectorate, Theni.

2.The District Education Officer Theni Education District, Theni.

3.The Secretary Sri Varadha Venkada Ramana Higher Secondary School, Venkatachalapuram, Then District - 625 534.

4.Vanitha : Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 1st and 2nd

respondents to remove the 4th respondent from the post of Science Teacher from the 3rd respondent's school for furnishing fabricated documents based on the petitioner's representation, dated 20.07.2020. For Petitioner : Mr.K.Manikandan For Respondents : Mr.T.Amjad Khan - for R1 & R2 Government Advocate Mr.S.Sivakumar - for R4 No Appearance - for R3

O R D E R

This writ petition has been filed to direct the 1st and 2nd respondents to remove the 4th respondent from the post of Science Teacher from the 3rd respondent's school for furnishing fabricated documents based on the petitioner's representation, dated 20.07.2020.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the eligible person to be appointed to the post of Science

Teacher, whereas, the third respondent appointed the fourth respondent as Science Teacher. Hence, the present writ petition is filed for a Mandamus directing the third respondent to remove the fourth respondent from the post of Science Teacher.

3. The learned counsel for the petitioner submitted that without any qualification, the third respondent management appointed the fourth respondent as Science Teacher, objecting the same the petitioner sent a representation on 20.07.2020 and the same was not considered. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

4. The learned counsel for the petitioner further submitted that it would suffice, this Court may issue a direction to the first respondent to consider the petitioner's representation, dated 20.07.2020 and pass appropriate orders within the time limit.

5. A perusal of the counter affidavit revealed that pursuant to third respondent appointed the fourth respondent as Science Teacher and the

same was approved by the first respondent and in view of the above, this Court is inclined to issue a direction to the first respondent to consider the petitioner's representation and pass appropriate orders.

6. Considering the limited request made by the learned counsel for the petitioner, this Court directs the first respondent to consider the petitioner's representation, dated 20.07.2020 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner as well as the fourth respondent, within a period of six weeks from the date of receipt of a copy of this order.

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

11.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The Chief Education Officer Collectorate, Theni.

2.The District Education Officer Theni Education District, Theni.

M.DHANDAPANI, J.

RM 11.01.2023