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Madras High CourtWP(MD)/19096/2016disposed of

D.Seran, Head Master, v. The Director Of Elementary

2016-10-05Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.19096 of 2016 and W.M.P(MD)No.13797 of 2016 D.Seran ... Petitioner vs.

1)The Director of Elementary Education, Chennai 6.

2)The District Elementary Educational Officer, Tirunelveli.

3)The Assistant Elementary Educational Officer, Pappakudi, Ambasamudhram Taluk, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider and appoint the petitioner as Assistant Elementary Educational Officer in the 5% Quota, meant for the Headmasters of Middle School, working in private Aided Schools, by considering the petitioner's application dated 10.02.2014 and the representation dated 03.03.2014.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.V.Pandi, Government Advocate

ORDER

The petitioner was appointed as Headmaster in Hindu Middle School, Odaikkarai, Thulukkapatti, Tirunelveli District, on 05.09.1990 through employment exchange; the said school is an aided school; the petitioner was awarded Selection Grade in 2000 and Special Grade in 2010; he has also passed Account Test for Subordinate Officers Part I, Deputy Inspector Test Part I, Deputy Inspector Test Part II, Education Statistics and District Manual; according to the petitioner, he is fully eligible to be appointed as Assistant Elementary Educational Officer; therefore, he made an application dated 10.02.2014, to consider him for appointment as Assistant Elementary Educational Officer under 5% reservation for https://hcservices.ecourts.gov.in/hcservices/

the Headmasters working in private aided middle schools; this application was forwarded by the 3rd respondent to the 2nd respondent and thereafter by the 2nd respondent to the 1st respondent; so far, the 1st respondent has not considered his application and passed orders that has made the petitioner to file this Writ of Mandamus, directing the respondents to consider and appoint him as Assistant Elementary Educational Officer in the 5% Quota, meant for the Headmasters of Middle School, working in private Aided Schools, by considering the petitioner's application dated 10.02.2014 and the representation dated 03.03.2014.

2.The learned Government Advocate appearing for the respondents would submit that it is agreeable for the 1st respondent to consider the proposal forwarded by the 2nd respondent and to pass orders within a time frame.

3.Recording the above submission, this Writ Petition is disposed of, directing the 1st respondent to consider the proposal forwarded by the 2nd respondent in his proceedings dated 27.03.2014 and to pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, W.M.P(MD)No.13797 of 2016 is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1)The Director of Elementary Education, Chennai 6.

2)The District Elementary Educational Officer, Tirunelveli.

3)The Assistant Elementary Educational Officer, Pappakudi, Ambasamudhram Taluk, Tirunelveli District.

+ 1 CC TO Mr.V.PANNEER SELVAM, ADVOCATE IN SR No. 59484 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 59379 NBI TE/DB : 21/10/2016 : 2P/6C W.P(MD)No.19096 of 2016 and W.M.P(MD)No.13797 of 2016 05.10.2016 https://hcservices.ecourts.gov.in/hcservices/