The Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.17239 of 2018 The Secretary, Vaniga Vaisya Sanga High School, Sankarankovil-627 756, Tirunelveli District.
... Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Secretary Department of School Education, Fort St.George, Chennai-600 009.
2. The Director of School Education, College Road, Chennai-600 006.
3. The Chief Educational Officer, Tirunelveli, Tirunelveli District.
4. The District Educational Officer, Sankarankovil, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent Director of School Education to permit the conversion of the existing post of Pre-Vocational Instructor (Sewing) into Physical Education Teacher by considering petitioner's proposal dated 13.10.2017 together with the representation dated 02.07.2018.
For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.M.Murugan Government Advocate
ORDER
The prayer sought for herein is for a writ of mandamus, directing the second respondent Director of School Education to permit the conversion of the existing post of Pre-Vocational Instructor (Sewing) into Physical Education Teacher by considering petitioner's proposal dated 13.10.2017 together with the representation dated 02.07.2018.
2.Heard Mr.K.Ragatheesh Kumar, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.
3.The learned counsel appearing for the petitioner would submit that, the petitioner is a recognised aided school, wherein, a post of Pre-Vocational Instructor (Sewing) is available, which is a sanctioned post and since the petitioner School wanted to convert the post of Pre-Vocational Instructor (Sewing) into the Physical Education Teacher on need basis, the petitioner school sent a proposal on 13.10.2017 and thereafter, the reminder representation had been sent on 02.07.2018. However, the said proposal is yet to be decided by the second respondent, who is the Competent Authority. Therefore, if a direction is given to the second respondent to consider the said proposal as well as the reminder representation sent by the petitioner School and an order to that effect is directed to be passed within a time frame on merits, the petitioner would be satisfied.
4.I have heard Mr.M.Murugan, learned Government Advocate, appearing for the respondent, who would submit that, the said proposal sent by the petitioner School on 13.10.2017, along with the petitioner's representation dated 02.07.2018 would be considered by the second respondent on merits and an order to that effect would be passed within a time frame.
5.Considering the limited scope of this writ petition, this Court is inclined to pass the following order:- "that the second respondent is directed to consider the proposal sent by the petitioner School on 13.10.2017 and the subsequent representation dated 02.07.2018, with regard to the conversion of the post of Pre-Vocational Instructor (Sewing) into the Physical Education Teacher, on merits and in accordance with law and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order."
6.With this direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-III) To
1. The Secretary Department of School Education, Fort St.George, Chennai-600 009.
2. The Director of School Education, College Road, Chennai-600 006.
3. The Chief Educational Officer, Tirunelveli, Tirunelveli District.
4. The District Educational Officer, Sankarankovil, Tirunelveli District.
+1cc to M/s.Isaac Chambers, Advocate Sr.No.77192 +1cc to Spl.Government Pleader Sr.No.76798 RMI VB/MMS/SAR3/20.08.2018/3P/7C W.P.(MD) No.17239 of 2018 02.08.2018