The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16671 of 2024 The Correspondent St. Mary's Girls Higher Secondary School, Devakottai - 630 302, ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

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3.The Chief Educational Officer Sivagangai, 4.The District Educational Officer, (Secondary Education) Sivagangai,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd respondent Chief Educational Officer herein to approve forthwith the appointment of A.Rancisca Vincy as B.T Assistant Maths in the petitioner's School w.e.f. 02.01.2024 and disburse the grant-in-aid towards her salary and allowances w.e.f., the said date with all attendant benefits.

For Petitioner : Ms.A.Amala For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

The present writ petition has been filed seeking a Writ of 2/6

Mandamus to direct 3rd respondent Chief Educational Officer herein to approve forthwith the appointment of A.Rancisca Vincy as B.T Assistant Maths in the petitioner's School w.e.f. 02.01.2024 and disburse the grant-in-aid towards her salary and allowances w.e.f., the said date with all attendant benefits.

2. Heard Mr.A.Amala, learned counsel for the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The petitioner-school has appointed one A.Rancisca Vincy as B.T Assistant Maths on 02.01.2024. Thereafter, the proposal was sent to the Chief Educational Officer through the District Educational Officer vide letter in Na.Ka.No.30a/2023-2024 requesting to approve her appointment and disburse grant-in-aid towards her salary. The school submitted reminder letter dated 09.05.2024 and the same is 3/6

pending without consideration. Hence, the petitioner has filed this writ petition.

5. Ms.A.Amala, learned counsel appearing for the petitioner submitted that the petitioner-school has been appointed A.Rancisca Vincy as against the sanctioned post and as on the day when A.Rancisca Vincy was appointed in the petitioner School, there was no surplus either in the petitioner School or in the corporate Management, under which the petitioner School falls.

6. In such case, there will be no difficulty for the third respondent to accord approval to the appointment of A.Rancisca Vincy as B.T. Assistant (Maths) in the petitioner School with effect from 02.01.2024.

7. In view of the above observations, this Writ Petition is disposed of and the third respondent is directed to consider the proposal submitted by the petitioner school and pass orders regarding approval of appointment of A.Rancisca Vincy as B.T Assistant Maths in the 4/6

petitioner's school with effect from 02.01.2024, in accordance with law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. 24.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM To 1.The Secretary, State of Tamil Nadu Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer Sivagangai, 4.The District Educational Officer, (Secondary Education) Sivagangai, Sivagangai District 5/6

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16671 of 2024 Dated:

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