Madras High CourtWP(MD)/4414/2017disposed of

St.Antonys High School v. The Chief Educational Officer

2017-03-16Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4414 of 2017 and W.M.P(MD)No.3543 of 2017 St. Antonys High School, Surulacode, Kanyakumari District, Rep. by its Correspondent, Sister. Maria Thankam ..Petitioner Vs.

1.The Chief Educational Officer, Kanayakumari, Kanyakumari District.

2.The District Educational Officer, Thuckalay, Kanyakumari District.

..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents herein to direct the 2nd respondent to consider the proposals for approval of the appointment of Mrs.G.Nagalakshmi as B.T. Assistant (Maths) in the petitioner school and approve the same with effect from the date of the appointment i.e. 01/06/2016 with all consequential monetary benefits.

For Petitioner : Mr.S.Manikandan For Respondents : Mr.N.S.Karthikeyan Additional Government Pleader ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents herein to direct the second respondent to consider the proposals for approval of the appointment of Mrs.G.Nagalakshmi as B.T. Assistant (Maths) in the petitioner school and approve the same with effect from the date of the appointment i.e. 01.06.2016 with all consequential monetary benefits.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. Mr.N.S.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. The learned Additional Government Pleader submit that the petitioner upon satisfying that the petitioner is a minority institution, the respondents have no objection for granting approval, if the application is otherwise in order.

5. The learned counsel for the petitioner has also agreed to produce the documents to satisfy the respondents, regarding the minority of the status of the petitioner. Hence, the Writ petition is disposed of with the following direction:- "The petitioner is directed to produce records and materials to prove that the petitioner is a minority institution, within a period of two weeks from the date of receipt of a copy of this order. Upon furnishing the relevant documents, the second respondent is directed to consider the proposal submitted by the petitioner for approval of the appointment of Mrs.G.Nagalakshmi, as B.T.Assistant(Maths) in the petitioner's school, on merits and in accordance with law, within a period of four weeks thereafter."

No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Chief Educational Officer, Kanayakumari, Kanyakumari District.

2.The District Educational Officer, Thuckalay, Kanyakumari District.

+1 cc to Mr.S.Manikandan , Advocate in SR.No. 15346 +1 cc to Special Government Pleader, SR.No:15572 pmu AE/SKN/RSK/27.03.2017/2P/5C ORDER MADE IN W.P.(MD).No.4414 of 2017and WMP(MD)No. 3543 of 2017 16.03.2017