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Madras High CourtWP(MD)/13064/2025disposed of

The Correspondent v. The State Of Tamil Nadu

2025-04-30Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)No.9312 of 2025 The Correspondent, St.Joseph's College Higher Secondary School, Near Chatram Bus Stand, Trichy District - 620 002.

... 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, Trichy, Trichy District.

4.The District Educational Officer, Trichy, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent CEO and the 1/5

fourth respondent DEO to approve forthwith the appointment of M.Shantha as BT Assistant ( English ) in the petitioner school w.e.f.,10.06.2024 with salary and all other attendant benefits.

For Petitioner : Mr.F.Rooshi Nans For M/s.Issac Chamber For Respondents : Mr.T.Amjad Khan Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2. The petitioner is a recognized and aided minority educational institution. One post of B.T.Assistant (English) in the petitioner school fell vacant on 01.06.2024 due to the retirement of then incumbent J.A.Joseph Arockiaraj on 31.05.2024. In the said vacancy, the school appointed one M.Shantha as B.T.Assistant (English) with effect from 10.06.2024. Immediately, the school submitted a proposal to the respondents seeking approval of the appointment of M.Shantha as B.T.Assistant (English) and for disbursement of grant in aid towards her salary. There was no response from the 2/5

respondents. Aggrieved by the inaction of the respondents in considering the proposal sent by the petitioner on 25.06.2024, the present writ petition is filed.

3. The learned Government Advocate for the respondents, on instructions, submits that now the proposal sent by the petitioner is pending with the fourth respondent.

4. In view of the above factual position, it appears that the proposal sent by the petitioner on 25.06.2024 is kept pending with the fourth respondent without forwarding the same to the third respondent, who is the competent authority to grant approval of the appointment of M.Shantha as B.T.Assistant (English).

5. Accordingly, this writ petition is disposed of with the following directions:

(i) The fourth respondent shall forward the proposal sent by the petitioner on 25.06.2024 for approval of appointment of M.Shantha as B.T.Assistant (English) to the third respondent forthwith. 3/5

(ii) On receipt of the proposal of the petitioner from the fourth respondent, the third respondent shall consider the same and pass appropriate orders in accordance with law within a period of three weeks thereafter.

No costs.

Consequently, the connected miscellaneous petition is closed. 30.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 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, Trichy, Trichy District.

4.The District Educational Officer, Trichy, Trichy District.

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BATTU DEVANAND , J.

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