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Madras High CourtWP(MD)/3256/2017disposed of

The Secretary v. The Director Of School

2017-02-24Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2017

CORAM

THE HON'BLE Mr.JUSTICE R.SURESH KUMAR W.P.(MD) No.3256 of 2017 The Secretary Appar High School Karuppayoorani Madurai ... Petitioner -vs1.The Director of School Education, College Road, Chennai.

2.The Chief Educational Officer, Tallakulam, Madurai.

3.The District Educational Officer, Tallakulam, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent herein to pass orders granting permission for the appointment of sanctioned posts of Record Clerk, Office Assistant and Watchman in the petitioner School as per his letter dated 06.01.2017. For Petitioner : Mr.N.Sundareshan For Respondents : Mr.M.Rajarajan Government Advocate

O R D E R

The prayer in the writ petition for a Writ of Mandamus directing the 3rd respondent herein to pass orders granting permission for the appointment of sanctioned posts of Record Clerk, Office Assistant and Watchman in the petitioner School as per his letter dated 06.01.2017. 2.Mr.M.Rajarajan, Government Advocate, accepts notice for the respondents. By consent of both sides, the writ petition itself is taken up for final disposal at the time of admission. 3.The learned counsel for the petitioner would submit that the petitioner is an Aided School, where three non teaching posts are become vacant and in order to fill up the said posts, since, which are not filled up for a long time, the petitioner's School had sent a representation on 06.01.2017 to the third respondent seeking permission from the said authority to the petitioner School to fill up the said non teaching staff posts.

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4.The said representation/application made by the petitioner's School dated 06.01.2017 through the 3rd respondent is pending consideration before the 2nd respondent and if the said application/representation made by the petitioner is considered and decided on merits and an order to that effect is passed, within the time frame stipulated by this Court, the petitioner would be satisfied. 5.Heard the learned Government Advocate for the respondents in this regard. He would submit that the competent authority to decide the application of the petitioner is the 2nd respondent and he would consider the same and pass ordes as early as possible.

6. Considering the said submissions made by both sides, this writ petition is disposed of with a direction directing the 2nd respondent to consider the representation of the petitioner dated 06.01.2017 and pass orders thereon on merits and in accordance with law, with regard to the approval/permission to be given to the petitioner School to fill up the vacant non teaching posts, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar RR To 1.The Director of School Education, College Road, Chennai.

2.The Chief Educational Officer, Tallakulam, Madurai.

3.The District Educational Officer, Tallakulam, Madurai.

+1cc to Mr.N.Sundareshan, Advocate Sr.No. 10393 +1cc to Spl.Government Pleader Sr.No. 10918 JAM/10.03.17 /PN/ 2p-6c W.P.(MD)No.3256 of 2017 24.02.2017 https://hcservices.ecourts.gov.in/hcservices/