N.Sakthivel, Secondary Grade v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6909 of 2016 & WMP(MD)No.5916 of 2016 and 15907 of 2017 N.Sakthivel ... Petitioner Vs.

1.The District Elementary Educational Officer, O/o.the District Elementary Educational Office, Thirunelveli, Thirunelveli District.

2.The Assistant Elementary Educational Officer, O/o.the Assistant Elementary Educational Office, Vasudevanallur, Sivagiri Taluk, Thirunelveli District.

3.The Secretary, Victoria Elementary School, Thenmalai, Sivagiri Taluk, Thirunelveli District.

4.M.Thirunavukkarasu, The Secretary, Victoria Elementary School, Thenmalai, Sivagiri Taluk, Thirunelveli District.

... Respondents Prayer : This writ petition is filed under Article 226 of the Constitution of India, to issue a writ of certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in No.Nil dated 07.12.2015 and quash the same as illegal and consequently to direct the respondent to promote the petitioner as Elementary School HM w.e.f. 01.05.2013 the date on which the pot of HM fell vacant in the 3rd respondent school within the period that may be stipulated by this Court. For Petitioner : Mr.M.Ajmal Khan, senior counsel for M/s.Ajmal Associates For Respondents : Mr.K.Saravanan, G.A. For RR1 & 2 Mr.S.Chellapandian for R3 No appearance for R4 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The writ petitioner is working as Secondary grade teacher in the third respondent school. The post of Head Master in the said school fell vacant as early as in the year 2013. Till date, the said vacancy has not been filled up. In fact, the District Elementary Educational Officer, by a notification dated 20.11.2015, called upon the school management to fill up the said vacancy. The third respondent has written to the first respondent explaining the reasons as to why he could not fill up the said vacancy. The said communication is under challenge.

2.This Court is of the view that a mere letter written by the Secretary of the school to the first respondent is not amenable to challenge in writ proceedings.

3.The learned counsel for the respondents 3 and 4 submits that the school committee will be convened on or before 31.01.2018 in this regard. Rule 15(4) of Tamil Nadu Recognized Private Schools Regulation Rules 1974 is very clear. When a vacancy of this sort arises, it shall be filled up only by way of promotion from among the qualified teachers in the school concerned. 4.It is not the case of the school management that the writ petitioner is not qualified. Therefore, the third respondent is directed to fill up the vacancy in the post of Head Master as per Rule 15(4) of Tamil Nadu Recognized Private Schools Regulation Rules 1974 by considering the case of the petitioner. 5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Elementary Educational Officer, O/o.the District Elementary Educational Office, Thirunelveli, Thirunelveli District.

2.The Assistant Elementary Educational Officer, O/o.the Assistant Elementary Educational Office, Vasudevanallur, Sivagiri Taluk, Thirunelveli District. +One cc to Mr.S.Chellapandian, Advocate, SR.No.43358 +One cc to The Special Government Pleader, SR.No.43081 +One cc to M/s.Ajmal Associates, Advocate, SR.No.43104 Arul RL/6C/2P/KK/SAR1/25/1/2018 W.P(MD)No.6909 of 2016 & WMP(MD)No.5916 of 2016 and 15907 of 2017 19.01.2018 https://hcservices.ecourts.gov.in/hcservices/