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, Sirumalar Higher Secondary School, Andavoorani, Ramanathapuram 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, Ramanathapuram, Ramanathapuram District.
4.The District Educational Officer (Secondary Education), Ramanathapuram, Ramanathapuram 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 M.Balasubramaniyan as Office Assistant w.e.f. 16.11.2023 in the petitioner's school namely, Sirumalar
Higher Secondary School, Andavoorani 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, Ramanathapuram, to approve forthwith the appointment of M.Balasubramaniyan as Office Assistant with effect from 16.11.2023 in the petitioner's school, Sirumalar Higher Secondary School, Andavoorani 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 M.Balasubramaniyan as Office Assistant on 16.11.2023 against a sanctioned
vacancy that arose due to the retirement of the then incumbent. Despite the petitioner's School promptly submitting the proposal for approval to the District Educational Officer (DEO), who in turn forwarded it to the third respondent herein / the Chief Educational Officer (CEO), on 29.07.2024, the proposal was returned by the CEO on 30.08.2024. Thereafter, the School furnished all the particulars as sought by the authorities; however, 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, Ramanathapuram, Ramanathapuram District.
4.The District Educational Officer (Secondary Education), Ramanathapuram, Ramanathapuram District.
VIVEK KUMAR SINGH , J.
smn2 04.07.2025