N.A.Kannan Raja v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16698 of 2025 and WMP (MD) No.12660 of 2025 N.A.Kannan Raja : Petitioner Vs.
1. The Chief Educational Officer, School Educational Department, Virudhunagar Collectorate Complex, Virudhunagar District.
2. The District Educational Officer (Elementary Schools), Sivakasi Educational District, Sivakasi.
3. The Block Educational Office, R-II (Elementary Schools), Block Educational Office, Rajapalayam.
4. G.Janaki : Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1/7
respondents 1 to 3 to appoint a Head Master in-Charge and a secondary Grade Teacher for N.A.Pappuraja Memorial Middle School, Rajapalayam, Virudhunagar District.
For Petitioner : Mr.S.K.Mani For Respondents : Mr.M.Siddharthan Additional Government Pleader for R1 to R3
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to appoint a Headmaster in-Charge and a secondaryGrade Teacher for N.A.Pappuraja Memorial Middle School, Rajapalayam, Virudhunagar District.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.
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3. The petitioner claims to be the Secretary of N.A. Pappuraja Memorial Middle School, Rajapalayam, Virudhunagar District. He asserts that the fourth respondent was appointed as a Secondary Grade Teacher. Since no Headmaster was appointed to the post, the fourth respondent has been managing the affairs of the school and maintaining the school records. The petitioner alleges that the fourth respondent has been appending his signature to official communications addressed to the Assistant Educational Officer, without his knowledge or consent. He further contends that due to the maladministration of the fourth respondent, the student strength in the school declined significantly. However, without disclosing these facts to the second respondent, the petitioner continued to operate the school with only two students.
Subsequently, with the intervention of the parents, the student strength has increased to 20. In this regard, the petitioner submitted a detailed representation dated 03.06.2025 to the respondents 1 to 3, requesting them to appoint a Secondary Grade Teacher and a Headmaster in-charge for the said school. As no action has been taken on the said representation, the petitioner has now filed the present writ petition.
4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the first respondent to consider the representation of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.
5. 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.
6. In the light of the above observations, there shall be a direction to the first respondent, to consider the petitioner's representation dated 03.06.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the 4/7
petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two months 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.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
20.06.2025 Index : Yes / No Internet : Yes / No PKN 5/7
To
1. The Chief Educational Officer, School Educational Department, Virudhunagar Collectorate Complex, Virudhunagar District.
2. The District Educational Officer (Elementary Schools), Sivakasi Educational District, Sivakasi.
3. The Block Educational Office, R-II (Elementary Schools), Block Educational Office, Rajapalayam.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.16698 of 2025 20.06.2025 7/7