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Madras High CourtWP(MD)/15731/2025disposed of

V.Percy Bala v. The District Education Officer

2025-06-17Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH V.Percy Bala ... Petitioner -vs- (*)1.The District Education Officer, Government Higher Secondary School Campus, Valliyoor, Tirunelveli District.

2.The Additional Assistant Education Officer, 3.The Block Education Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to promote the petitioner to the post of Headmistress so as to serve in the Hindu Primary School, Selvamaruthur, Thisaiyanvilai, Tirunelveli District, by taking into consideration of the petitioner's qualification of Tamil Nadu Teacher Eligibility Test passed during 2013 and in the light of the petitioner's representation dated 31.05.2025 forthwith. For Petitioner : Mr.R.Anand For Respondents : Mr.M.Siddharthan Additional Government Pleader 1/5

ORDER

This Writ Petition has been filed seeking a direction to the respondents to consider the promotion of the petitioner to the post of Headmistress, to serve in the Hindu Primary School, Selvamaruthur, Thisaiyanvilai, Tirunelveli District, taking into account the petitioner's qualification of having passed the Tamil Nadu Teacher Eligibility Test in 2013 and in the light of her representation dated 31.05.2025, forthwith.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner submits that upon completion of her Diploma in Teacher Education and requisite academic qualifications, she was appointed as a Secondary Grade Assistant Teacher on 03.03.2014 and was duly posted in a school. Upon successful completion of her probation period, her appointment was regularized. While serving in the said post, the petitioner pursued and completed B.Lit. (Tamil) and M.A. (Tamil) degrees with prior permission from the competent authorities. The petitioner had also cleared the Tamil Nadu Teacher Eligibility Test (TNTET) in the 2/5

year 2013.

4. In view of the above qualifications and service record, the petitioner submitted a representation dated 31.05.2025, requesting promotion to the post of Headmistress at Hindu Primary School, Selvamaruthur, Thisaiyanvilai, Tirunelveli District. However, no action has been taken by the respondents on the said representation till date. Hence, the present Writ Petition.

5. Heard both sides.

6. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

7. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 31.05.2025, on its 3/5

own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

(*)Corrected as per Order of this Court dated 09.07.2025 made in WMP(MD)14121/2025 in WP(MD)15731/2025.

Sd/-(17.06.2025) // True Copy // Assistant Registrar(CS II) /08/2025 Sub Assistant Registrar ( I / II / III / IV) smn2 To:- (*) To be Substituted to the Order already despatched on 04.07.2025 (*)1.The District Education Officer, Government Higher Secondary School Campus, Valliyoor, Tirunelveli District.

2.The Additional Assistant Education Officer, 4/5

3.The Block Education Officer, 17.06.2025 jj/24.06.2025 5P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 JJ/14.08.2025 5P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5