Savarinayagam Primary School v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.19494 of 2017 and W.M.P.(MD)No.15796 of 2017 Savarinayagam Primary School, Manickaapuram - 625 582, Theni District, Represented by its Secretary & Correspondent, V.Anthony Manuelraj.
... Petitioner Vs.
1.The State of Tamil Nadu Represented by its Secretary, Department of School Education, Secretariat, Fort St. George, Chennai-9.
2.The Director of Elementary Education, DPI Campus, Chennai-6.
3.The District Elementary Educational Officer, Theni District.
5.The Additional Assistant Elementary Educational Officer, Bodi Naickanoor, Theni District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 3rd respondent in his proceedings in A.Thi.Mu.No.2999/A2/16, dated 03.11.2016 and subsequent order passed by the 4th respondent in his proceedings in Na.Ka.525/A2/2016, dated 22.11.2016 and quash the same and consequently directing the respondents to approve the appointment of V.Diraviam as Head Master in Savari Nayagam Primary School, Manickaapuram, Theni District and to pay all the service and monetary benefits with arrears by sanctioning grant within stipulated time.
For Petitioner : Mr.T.Ebenezer For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader
O R D E R
The Writ Petition challenges the the order passed by the 3rd respondent dated 03.11.2016 in A.Thi.Mu.No.2999/A2/16, and the subsequent order passed by the 4th respondent dated 22.11.2016 in Na.Ka.525/A2/2016, and has sought for the approval of appointment of Mr.V.Diraviam as Headmaster of petitioner school from the third respondent.
2.The petitioner, which is an aided private minority school, had made an application to the third respondent for approval of the appointment of Thiru.V.Diraviam as Headmaster of its school and pay all his service and monetary benefits with arrears by sanctioning grant for the same. The third respondent had returned the same by proceedings dated 03.11.2016, which has been communicated by the fourth respondent by letter dated, 22.11.2016 with the reasons that the said person does not possess the requisite experience of five years as B.T. Assistant and the vacancies should be filled up as per the existing Government Rules. Learned counsel for the petitioner submits that the said Thiru.V.
Diraviam satisfies the necessary qualifications reported by relevant documents, which the petitioner is ready to produce before the concerned authorities, on or before 30.11.2017. 3.Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondents submits that if the said application for approval is resubmitted with the clarification regarding the deficiencies pointed out with supporting materials, the same would be duly considered and appropriate orders passed on merits and in accordance with law and the decision taken would be communicated to the petitioner on or before 31.12.2017.
4.Recording the aforesaid submissions made by both sides, this Writ Petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Secretary, Department of School Education, Secretariat, Fort St.George, Chennai-9.
2.The Director of Elementary Education, DPI Campus, Chennai-6.
3.The District Elementary Educational Officer, Theni District.
4.The Additional Assistant Elementary Educational Officer, Bodi Naickanoor, Theni District.
+1cc to Mr.T.A.EBENEZER,Advocate,SR. 88973 +1cc to M/S.Special Government Pleader,SR. 89348 W.P.(MD)No.19494 of 2017 22.11.2017 SJ/IA KK/SKN RSK/SAR /27.11.2017/ 3P- 7C 22.11.2017