The Superintendent v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.20063 of 2018 The Superintendent, R.C.Dioceses Schools, Thembavanithottam, Palayamkottai, Tirunelveli District.

.. Petitioner Vs.

1.The Chief Educational Officer, 2.The District Educational Officer, Tenkasi, Tirunelveli District.

3.The District Educational Officer, Sankarankovil, Tirunelveli district.

4.The District Elementary Educational Officer, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents, more particularly the first respondent to consider the letter dated 6.9.2018 for approval and provide certificate indicating there are no surplus posts in the R.C.Diocese Schools, Tirunelveli District for the academic year 2017-2018 within the time frame fixed by this Court.

For Petitioner :

Mr.D.Venkatesh For Respondents :

Mrs.S.Srimathi 1 to 4 Special Govt.Pleader

O R D E R

The Petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus directing the respondents, more particularly the first respondent to consider the letter, dated 6.9.2018 for approval and provide certificate indicating there are no surplus posts in the R.C.Diocese Schools, Tirunelveli District for the academic year 2017-2018 within the time frame fixed by this Court.

2.Mrs.S.Srimathi, learned Special Government Pleader takes notice for the respondents 1 to 4. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.

3.According to the Petitioner they made a representation/letter dated 6.9.2018 and that there are no surplus teachers in R.C.Diocese Schools, Tirunelveli District for the academic year 2017-2018.

4.According to the respondents, they have already communicated to the Petitioner that there are surplus posts in the Petitioner/Schools. Therefore, the Petitioner will have to redeploy the teachers to some other schools, failing which, it is open to the respondents to stop aid to the Petitioner/Schools. 5.In view of the above, the respondent concerned is directed to consider the representation/letter, dated 6.9.2018 submitted by the Petitioner based on the above observation and to pass appropriate orders on the same in accordance with the rules, within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-II) To:

1.The Chief Educational Officer, 2.The District Educational Officer, Tenkasi, Tirunelveli District.

3.The District Educational Officer, Sankarankovil, Tirunelveli district.

4.The District Elementary Educational Officer, +1 CC To MR.D.VENKATESH, Advocate SR. NO. 85849 +1 CC TO The Special Government Pleader SR.NO. 85901 W.P.(MD) No.20063 of 2018 19.09.2018 VSN TR/RSK/SAR-II(24.10.2018)3P 7C