Madras High CourtWP(MD)/21864/2016disposed of

S.Sudha, v. The District Educational

2016-11-16Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21864 of 2016 S.Sudha : Petitioner Vs.

1.The District Educational Officer, Aruppukottai, Virudhunagar District.

2.The Secretary, SBK Higher Secondary School, Kaloorani, Aruppukottai Taluk, Virudhunagar District - 626 105.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to approve the petitioner's appointment as BT Assistant (Physics) in second respondent school w.e.f. 19.02.2016 in consideration of proposal dated 19.02.2016 sent by the second respondent.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondent No.1 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to approve the petitioner's appointment as BT Assistant (Physics) in the second respondent school w.e.f. 19.02.2016, in consideration of proposal dated 19.02.2016 sent by the second respondent. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who took notice for the first respondent.

3.It is the case of the petitioner that the petitioner has completed her Bachelor's Degree in Physics and B.Ed. and she has written Teacher Eligibility Test and passed in the year 2013. The second respondent school, a non-minority aided school, by notice dated 23.01.2016, called for application to the post of B.T. Assistant and the petitioner applied for the same and got appointed on 19.02.2016 and she joined duty on the same day. The second respondent school sent a proposal on 19.02.2016 to the first respondent for the approval of the appointment of the petitioner, from 19.02.2016. Since the first respondent did not https://hcservices.ecourts.gov.in/hcservices/

pass any orders for the period of eight months, the petitioner has come forward with this writ petition.

4.The learned Additional Government Pleader appearing for the first respondent would submit that the proposal submitted by the second respondent school would be considered by the first respondent and appropriate orders will be passed within a period of four weeks.

5.Recording the submission made by the learned Additional Government Pleader appearing for the first respondent, the first respondent is directed to consider the proposal submitted by the second respondent school, dated 19.02.2016, for the approval of the appointment of the petitioner and to pass orders on merits and in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The District Educational Officer, Aruppukottai, Virudhunagar District.

+1cc to M/S.G.Prabhu Rajadurai, Advocate in SR No.69229 ORDER MADE IN W.P(MD)No.21864 of 2016 16.11.2016 ANR/GSV-PM/05.12.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/