M.C.N.U.P.Devasakayam v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE M.C.N.U.P.Devakayam Annabayammal Higher Secondary School, Melakottaiyur, M.Chinnaiyapuram, K.G.Kovil (Post), Virudhunagar District, Represented through its The Secretary and Correspondent, D.Edision Raja ... Petitioner Vs.

1.The Director of School Education, Secretariat, St.George Fort, Chennai-600 002.

2.The Chief Educational Officer, Virudhunagar District.

3.The District Educational Officer, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.1 to 3 to issue orders for changing Weaving Teacher post into Tailoring Post in the existing sanctioned strength within a time frame as may be fixed by this Court. 1/4

For Petitioner : Mr.Arjun for Mr.N.Vallinayagam For Respondents : Mr.T.Amjad Khan, Government Advocate

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to respondent Nos.1 to 3 to issue orders for changing of Weaving Teacher post in the petitioner School into Tailoring Post in the existing sanctioned strength within a time frame to be fixed by this Court.

2. Prior to the filing of this Writ Petition, the petitioner has given a representation for the aforementioned purpose. Since the same was not considered by the respondents, they have filed this Writ Petition.

3. Till date, counter affidavit has not been filed by the respondents. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court. Since the representation given by the petitioner is of the year 2018, the petitioner will have to give a fresh representation to the respondents.

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4. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the second respondent seeking for the change of the sanctioned Weaving Teacher post in the petitioner School into the Tailoring post in the existing sanctioned strength, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent is directed to pass final orders on merits and in accordance with law on the petitioner's fresh representation within a period of twelve (12) weeks thereafter. This Court is not expressing any opinion on the merits of the petitioner's representation.

5. Accordingly, the Writ Petition stands disposed of. No costs. 29.10.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/4

ABDUL QUDDHOSE, J.

TSG To 1.The Director of School Education, Secretariat, St.George Fort, Chennai-600 002.

2.The Chief Educational Officer, Virudhunagar District.

3.The District Educational Officer, Virudhunagar District.

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