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Madras High CourtWP(MD)/15015/2017disposed of

Hindu Nadar Uravinmurai v. The Director Of School

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.15015 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 School Education, Directorate of School Education,

2. The Joint Director of Higher Secondary School Education,

3. The Chief Educational Officer, Tirunelveli.

4. The District Educational Officer, 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 4 herein to consider the petitioner's representation dated 29.06.2017 to refix the teaching staffs strength as 1 P.G. Assistant (Tamil), 1 P.G.Assistant (English) and 6 P.G.Assistant (subject wise) for two groups as per G.O.Ms.No.525, School Education Department, dated 29.12.1997 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 issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to consider the petitioner's representation dated 29.06.2017 to refix the teaching staffs strength as 1 P.G. Assistant (Tamil), 1 P.G. Assistant (English) and 6 P.G. Assistant (subject wise) for two groups as per G.O.Ms.No.525, School Education Department, dated 29.12.1997.

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.The petitioner would state that the petitioner's school is a Private Aided Higher Secondary School with two groups, namely, Maths-Biology and History-Economics and the petitioner school is entitled to have one Post Graduate Assistant (Tamil), one Post Graduate Assistant (English) and six Post Graduate Assistant (subject wise) Teacher.

4.The petitioner would claim that since one post of P.G. Assistant is vacant, the petitioner sent a representation dated 29.06.2017 requesting the respondents to refix the teaching staff strength as per G.O.Ms.No.525, School Education Department, dated 29.12.1997. 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 29.06.2017 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 School Education, Directorate of School Education,

2. The Joint Director of Higher Secondary School Education,

3. The Chief Educational Officer, Tirunelveli.

4. The District Educational Officer, Tirunelveli District.

+1cc to Mr.D.Nallathampi, Advocate in SR.No.71911 Skn AE/KP/SAR1/07.09.2017/3P/6C W.P.(MD)No.15015 of 2017 10.08.2017