Madras High CourtWP(MD)/12300/2021disposed of

Mangapuram Hindu Higher Secondary School v. The Chief Educational Officer

2021-09-15Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.12300 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.12300 of 2021 Mangapuram Hindu Higher Secondary School, Srivilliputhur, Virudhunagar District, through its Secretary.

... Petitioner Vs.

1.The Chief Educational Officer, Virudhunagar.

2.The District Educational Officer, Srivilliputhur - 626 125.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant prior permission to fill up the vacant post of PG teacher Economics in the petitioner school namely Mangapuram Hindu Higher Secondary School, Srivilliputhur - 626 125 as per the proposal submitted by the petitioner school dated 01.08.2019 and representation dated 12.07.2021. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.A.K.Manikkam Standing Counsel for State.

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to grant prior permission to fill up the vacant post of PG Teacher Economics in the petitioner school namely Mangapuram Hindu Higher Secondary School, Srivilliputhur - 626 125 as per the proposal submitted by the petitioner school dated 01.08.2019 and representation dated 12.07.2021.

2. The petitioner school is a Private aided school and governed by TNPSR Act and Rules. In the petitioner school, the post of PG Teacher (Economics) is vacant from 01.06.2018, due to the retirement https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.12300 of 2021 of one K.Prisilla on 31.05.2018. Therefore, the petitioner school sent a proposal to the respondents on 01.08.2019, seeking permission to fill up the vacant post of PG Teacher (Economics). However, till date the respondents have not passed any order on the said proposal. Hence, the petitioner has filed this Writ Petition.

3. Heard the learned Standing Counsel for State appearing for the respondents and the respondents have not filed any counter affidavit.

4. Considering the limited scope of the prayer sought for in this Writ Petition, this Court without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's proposal dated 01.08.2019, on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Chief Educational Officer, Virudhunagar.

2.The District Educational Officer, Srivilliputhur - 626 125.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-29383[F] dated 16/09/2021 ) +1 CC to M/s.SPL. GP ( SR-29460[F] dated 17/09/2021 ) W.P(MD)No.12300 of 2021 15.09.2021 RD(1.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2