Christobel Bobby.S v. The Commissioner Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.14822 & 21366 of 2023 S.Christobel Bobby ... Petitioner Vs.

1.The Commissioner of School Education, College Road, Chennai-600 006.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Kanyakumari District, Nagercoil-629 001.

4.The District Educational Officer, Nagercoil, Kanyakumari District.

5.The Correspondent, St.Josephs Higher Secondary School, Asaripallam-629 201, Kanyakumari District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent Chief Educational Officer to approve the appointment of petitioner as P.G Assistant in Maths in the fifth respondent School, namely, St. Josephs Higher Secondary School, Asaripallam with effect from 03.10.2020 with all attendant benefits including arrears of salary and allowances. For Petitioner : Mr.S.Xavier Rajini For R-1 to R-4 : Mr.D.Sadiq Raja Additional Government Pleader For R-5 : M/s.Isaac Chambers

ORDER

The present writ petition has been filed by a P.G Assistant (Maths), who was appointed in the fifth respondent School seeking a Mandamus directing the third respondent to approve her appointment.

2. According to the writ petitioner, she was appointed as a P.G Assistant (Maths) in the fifth respondent School on 03.10.2020. The said School is a stand alone Minority School. The School has forwarded the proposal to the 2/5

third respondent herein on 03.10.2020 itself and the same is pending before the third respondent for the past three years. Hence, the present writ petition.

3. A perusal of the staff fixation order for the academic year 2019 - 2020 indicates that one post has been sanctioned for P.G Assistant (Maths) and according to the petitioner, she is the only Teacher available in the said School.

4. Considering the above said facts, the third respondent herein is directed to approve the appointment of the writ petitioner as P.G Assistant (Maths) in the fifth respondent School with effect from 03.10.2020 with all attendant benefits, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

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NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner of School Education, College Road, Chennai-600 006.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Kanyakumari District, Nagercoil-629 001.

4.The District Educational Officer, Nagercoil, Kanyakumari District.

5.The Correspondent, St.Josephs Higher Secondary School, Asaripallam-629 201, Kanyakumari District.

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R.VIJAYAKUMAR, J.

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