← Library
Madras High CourtWP(MD)/20183/2017allowed

The Secretary, v. The Director Of Elementary

2017-12-13Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20183 of 2017 and WMP(MD)No.16471 of 2017 The Secretary, Saliyar Primary School, Samusigapuram - 626 102, Virudhunagar District.

... Petitioner Vs.

1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Virudhunagar District.

Virudhunagar.

3.The Additional Assistant Elementary Educational Officer, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 2nd respondent District Elementary Educational Officer to approve the appointment of the petitioner as Secretary of the school namely, Saliyar Primary School, Samusigapuram, Virudhunagar District for the triennium from 06.11.2015 to 05.11.2018, and further direct the 2nd respondent District Elementary Educational Officer to disburse the grant-in-aid towards salary to the teachers working in the petitioner school from the month of September 2017 onwards through the petitioner.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate

ORDER

This writ petition has been filed, seeking a writ of Mandamus directing the 2nd respondent District Elementary Educational Officer to approve the appointment of the petitioner as Secretary of the school namely, Saliyar Primary School, Samusigapuram, Virudhunagar District for the triennium from 06.11.2015 to 05.11.2018, and further direct the 2nd respondent District Elementary Educational

Officer to disburse the grant-in-aid towards salary to the teachers working in the petitioner school from the month of September 2017 onwards through the petitioner.

2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, the approval of his appointment as Secretary of the school expired on 05.11.2015. Hence, the petitioner submitted a proposal along with necessary documents, for getting approval of his appointment as Secretary, through the third respondent and the same was forwarded to the second respondent, who in turn, returned the proposal, stating that certain certificates were not produced. Subsequently, the petitioner by making an application dated 06.10.2017 before the Police authorities, obtained a certificate, finally on 31.10.2017. Thereafter, he once again submitted the proposal along with the said certificates. However, till date, no such approval as prayed for by the petitioner, has been granted by the second respondent. Hence, the petitioner is before this Court, with the aforesaid prayer. 5.

A counter affidavit has been filed by the second respondent, wherein at paragraph No.9, it is averred as follows: "I submit that the petitioner has himself admitted that although he applied for the above certificate from the local police station he could not obtain till date. In the meanwhile, the Department was preparing to pay the salary to the teachers directly instead of through the Secretary, in the circumstances that the proposals were pending due to the pendency of the certificate as required in rules, it is submitted that the petitioner has threatened the teachers not to receive the salary directly. The teachers on enquiry, declined to receive the salary directly because of the mischief played by the petitioner."

6.The learned counsel for the petitioner submitted that all the certificates required by the authorities had already been produced by the petitioner and even then, the authorities are not acting upon the same.

7.When such being the case, the second respondent is directed to consider the proposal submitted by the petitioner for approving his appointment as Secretary and also the claim of the petitioner for disbursement of salary to the Teachers through him and pass appropriate orders, on merits and in accordance with law and also keeping in mind the Rule 12 (5) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy

of this order.

8.The writ petition is allowed on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar To 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The District Elementary Educational Officer, Virudhunagar District.

Virudhunagar.

3.The Additional Assistant Elementary Educational Officer, Virudhunagar District.

+1cc to Mr.S.XAVIER RAJINI Advocate in SR. No. 92808 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 93144 DSK JS/KK/SAR.3/03.01.2018/3P-6C ORDER MADE IN W.P(MD)No.20183 of 2017 13.12.2017