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Madras High CourtWP(MD)/15014/2017disposed of

Hindu Nadar Uravinmurai v. The Director Of Elementary

2017-08-10Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15014 of 2017 Hindu Nadar Uravinmurai Committee Elementary School, rep. By its Secretary/Correspondent, S.Muthiah S/o Sivasubbu Nadar, Ariyanayakipuram, Kadayanallur Taluk, Tirunelveli District. ... Petitioner Vs.

1. The Director of Elementary School Education, Chennai - 6.

2. The Joint Director of Elementary School Education, Aided Schools (in-charge) Elementary School Directorate Office, Chennai - 6.

3. The District Elementary Educational Officer, Tirunelveli.

4. The Additional Assistant Elementary Educational Officer, Sankarankovil Region, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 herein to consider the petitioner's representation dated 30.06.2017 to refix the teaching staff strength as 1 Headmaster and 5 Secondary Grade Teacher posts as per G.O.Ms.No.525, School Education Department, dated 29.12.1997 and G.O.Ms.No.231, School Education Department, dated 11.08.2010 and pass appropriate orders within a stipulated time fixed by this Court.

For Petitioner : Mr.D.Nallathambi For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader

O R D E R

The writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to consider the petitioner's representation dated 30.06.2017 to refix the teaching staff strength as 1 Headmaster and 5 Secondary Grade Teacher posts as per G.O.Ms.No.525, School Education Department, dated 29.12.1997 and G.O.Ms.No.231, School Education Department, dated 11.08.2010.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.It is stated that the petitioner is a Private Aided Elementary School situated in a rural area. The school was administered and managed by the Educational Agency, namely, Ariyanayagipuram Hindu Nadar Uravin Murai Uyar Thuvakkapalli Sangam.

4.The petitioner would claim that the petitioner is running school upto 5th Standard and as per G.O.Ms.No.525, School Education Department, dated 29.12.1997 and G.O.Ms.No.231, School Education Department, dated 11.08.2010, the petitioner is entitled to have one Headmaster and five Secondary Grade Teachers. The petitioner would further state that two teachers, namely, C.Arunagirisamy and K.Thirumalaisamy were retired from service on attaining the age of superannuation in the year 2007 and 2009 respectively and thereafter, their posts are still vacant. Hence, the petitioner sent a representation dated 30.06.2017 requesting the respondents to refix the teaching staff strength as per G.O.Ms.No.525, School Education Department, dated 29.12.1997 and G.O.Ms.No.231, School Education Department, dated 11.08.2010.

Since the said representation has not been considered so far, the present writ petition.

5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first and second respondents to consider the representation of the petitioner, dated 30.06.2017 and take appropriate decision on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar

To 1.The Director of Elementary School Education, Chennai - 6.

2.The Joint Director of Elementary School Education, Aided Schools (in-charge) Elementary School Directorate Office, Chennai - 6.

3.The District Elementary Educational Officer, Tirunelveli.

4. The Additional Assistant Elementary Educational Officer, Sankarankovil Region, Tirunelveli District.

+1cc to Mr.D.Nallathambi, Advocate in Sr.No.71910 skn AE/KP/SAR1/08.09.2017/3P/6C W.P.(MD)No.15014 of 2017 10.08.2017