J.Nithya, v. The Chief Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE J.Nithya ... Petitioner -vs1.The Chief Education Officer Tiruchirappalli District Tiruchirappalli 2.The District Education Officer Manapparai Educational District Manapparai Triruchirappalli District 3.The Correspondent St.Therasa Primary School Malayadipatty Manaparai Union Tiruchirappalli District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order in Na.Ka.No.889/A4/19, dated ...03.2019 signed on 28.03.2019 on the file of the second respondent and quash the same as illegal and consequently to direct the respondents to provide approval of the

appointment of the petitioner in the post of Secondary Grade Teacher with effect from 02.07.2018 FN with all service benefits within a time frame to be fixed by this Court.

For Petitioner :

Mr.S.Louis For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 & R2 No appearance for R3

O R D E R

This writ petition has been filed challenging the impugned order, dated Nil.03.2019 signed on 28.03.2019, passed by the second respondent, returning the proposal submitted by the third respondent - School seeking approval for the appointment of the petitioner to the post of Secondary Grade Teacher.

2. As seen from the impugned order, the proposal submitted by the third respondent - School has been returned for the non-production of Teacher Eligibility Certificate of the petitioner, Minority Institution Certificate of the third respondent - School and list of surplus teachers in the Corporate Management for the particular academic year.

3. Learned Government Advocate appearing for the respondents would submit that once the proposal is re-submitted by the third respondent - School to the first respondent, the same will be considered by the first respondent, on merits and in accordance with law.

4. Since the proposal will have to be re-submitted only by the third respondent - School, a direction is issued to the third respondent - School to re-submit the proposal to the first respondent seeking for approval for the appointment of the petitioner to the post of Secondary Grade Teacher their School with effect from 02.07.2018, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said proposal, the first respondent shall pass final orders, on merits and in accordance with law, within a period of twelve weeks thereafter.

5. With the above directions, this writ petition is disposed of. No costs.

20.09.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Chief Education Officer, Tiruchirappalli District, Tiruchirappalli.

2.The District Education Officer, Manapparai Educational District, Manapparai, Triruchirappalli District.

ABDUL QUDDHOSE, J.

krk 20.09.2024