Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Secretary, MLWA Higher Secondary School, 9, Raja Mill Road, Maninagaram, Madurai - 625 001.
... Petitioner -vs1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 009.
3.The Chief Educational Officer, Madurai, Madurai District.
4.The District Educational Officer (Secondary Education), Madurai - 625 002, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent Chief Educational Officer herein to forthwith accord permission to fill up the two posts of Physical Education Teachers, vacant since 01.05.2024 and 01.06.2024.
For Petitioner : Ms.A.Amala For Respondents : Mr.M.Siddharthan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the third respondent herein / the Chief Educational Officer, Madurai, to forthwith grant permission to fill up the two vacant posts of 'Physical Education Teachers', which have remained unfilled since 01.05.2024 and 01.06.2024, respectively.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner submits that M.L.W.A. Higher Secondary School, Madurai, established in 1951-1952 for the welfare of the children of workers of Madura Coats Mill, is currently administered by the Krishnan Education Charity Trust and is a recognized, fully aided school offering education from Standard VI to XII in both Tamil and English mediums, with 786 students presently enrolled. Two sanctioned posts of Physical Education Teachers fell vacant on 30.04.2024 and 31.05.2024, following the retirement of one R.K.Kubenthiran and
N.Ravichandran, respectively. The school submitted proposals seeking permission to fill up the vacancy of Physical Education Teachers to the Chief Educational Officer (CEO) on 09.08.2024 and 10.06.2025. As the posts remain vacant and no action has been taken, the petitioner has filed this Writ Petition, seeking a direction to the third respondent herein / the Chief Educational Officer, Madurai, to forthwith grant permission to fill up the two posts of Physical Education Teachers, in accordance with law.
4. Heard both sides.
5. Considering the facts and circumstances of the case, there shall be a direction to the third respondent to consider the proposals submitted by the petitioner's school dated 09.08.2024 and 10.06.2025, on its own merits and pass appropriate orders in accordance with law, after affording an opportunity of hearing to the petitioner, 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 third respondent to consider the same on its own merits.
6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 30.06.2025 Index : Yes / No smn2 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 - 600 009.
3.The Chief Educational Officer, Madurai, Madurai District.
4.The District Educational Officer (Secondary Education), Madurai - 625 002, Madurai District.
VIVEK KUMAR SINGH , J.
smn2 30.06.2025