The Correspondent v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH The Correspondent, St. Britto Higher Secondary School, Gnanaolivupuram - 625 016, Madurai District.
... Petitioner -vs1.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.
3.The Chief Educational Officer, Madurai, Madurai District.
4.The District Educational Officer, Madurai, 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 approve forthwith the appointment of A.Vincent as Office Assistant w.e.f. 01.06.2024 in the petitioner's school namely, St. Britto Higher
Secondary School, Gnanaolivupuram, Madurai and disburse the grant-in-aid towards his salary with all attendant benefits from the said date. 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 approve forthwith the appointment of A.Vincent as Office Assistant with effect from 01.06.2024 in the petitioner's school, St. Britto Higher Secondary School, Gnanaolivupuram, Madurai and to disburse the grant-in-aid towards his salary along with all attendant benefits from the said date.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. According to the petitioner, the petitioner's school, a recognised minority educational institution aided by the State Government, appointed one A.Vincent as Office Assistant on 01.06.2024 against a sanctioned vacancy that arose due to
the retirement of the then incumbent. Despite promptly submitting the proposal for approval to the DEO and subsequently, providing all required particulars sought by the authorities, no final orders have been passed till date. The delay is arbitrary and affects the petitioner's right to receive grant-in-aid. Hence, the petitioner seeks a direction to the third respondent to approve the appointment and release the grant-in-aid with all attendant benefits.
4. Heard both sides.
5. Considering the above said facts and circumstances of the case, there shall be a direction to the third respondent to consider the proposal submitted by the petitioner's School, on its own merits and pass appropriate orders in accordance with law, after giving due 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 observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 04.07.2025 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.
3.The Chief Educational Officer, Madurai, Madurai District.
4.The District Educational Officer, Madurai, Madurai District.
VIVEK KUMAR SINGH , J.
smn2 04.07.2025