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Madras High CourtWP(MD)/15668/2019disposed of

G.Packiya Raj v. The Director Of School Education

2019-07-15Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.15668 of 2019 and WMP(MD).No.12349 and 12351 of 2019 G. Packiya Raj ... Petitioner Vs.

1.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

2.The Joint Director of School Education (Higher Secondary), O/o. the Joint Director of School Education (Higher Secondary), DPI Campus, Chennai - 6.

3.The Chief Educational officer, O/o. the Chief Educational Officer, Virudhunagar, Virudhunagar District.

4.The District Educational Officer, O/o. the District Educational Officer, Virudhunagar, Virudhunagar District.

5.The Block Educational Officer, Narikudi, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.No.1544/Aa1/2018, dated 03.12.2018 on the file of the 5th respondent and quash the same as illegal and consequently, direct the respondents 1 to 5 to include the name of the petitioner in the panel for the post of Headmaster and permit the petitioner to participate in the General Transfer Counseling for the year 2019 - 20 within the time period stipulated by this Court. For Petitioner : Mr. Ashwin Rajasimman for T.Lajapathi Roy For Respondent : Mrs. S. Srimathy Special Government Pleader

ORDER

This writ petition is filed to call for the records pertaining to the impugned order in Na.Ka.No.1544/Aa1/2018, dated 03.12.2018, on the file of the 5th respondent and quash the same and consequently, direct the respondents 1 to 5 to include the name of the petitioner in the panel for the post of Headmaster and permit him to participate in the General Transfer Counseling for the year 2019-2020 within the time period stipulated by this Court.

2. Mrs. S. Srimathy, learned Special Government Pleader takes notice for the respondents. By the consent, the writ petition is taken up for disposal at the admission stage itself.

3. According to the petitioner, he made a representation dated 19.06.2019 to withdraw a charge memo, but, so far no order has been passed. Even though, the petitioner is challenging the impugned order passed by the 5th respondent, dated 03.12.2018, during the course of arguments, the learned counsel appearing for the petitioner restricted the relief sought for by the petitioner and requested to consider the petitioner's representation, dated 19.06.2019 and to pass appropriate orders within the time fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents submitted that the respondents would consider the said representation and pass appropriate orders, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the 4th respondent to consider the representation of the petitioner, dated 19.06.2019 on merits and in accordance with law and pass appropriate orders, within a period of three weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner, if necessary.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) trp

To 1.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai - 6.

2.The Joint Director of School Education (Higher Secondary), O/o. the Joint Director of School Education (Higher Secondary), DPI Campus, Chennai - 6.

3.The Chief Educational officer, O/o. the Chief Educational Officer, Virudhunagar, Virudhunagar District.

4.The District Educational Officer, O/o. the District Educational Officer, Virudhunagar, Virudhunagar District.

5.The Block Educational Officer, Narikudi, Virudhunagar District.

+1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.75464 W.P(MD)No.15668 of 2019 and WMP(MD).No.12349 and 12351 of 2019 15.07.2019 TR (17.07.2019) 3P 7C