Arabi Oliyulla High School v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19148 of 2025 Arabi Oliyulla High School, Rep. by its Correspondent, Dr.Shadik Ali.

... Petitioner -vs1. The Chief Educational Officer, Ramanathapuram District.

2. The District Educational Officer, Mandabam, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to approve the appointment of Ponmathi in the post of BT Assistant Science in the Petitioner School with effect from 09.09.2024 by considering the explanation of the petitioner dated 09.06.2025 within the time frame stipulated by this Court. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Siddharthan Additional Government Pleader 1/4

ORDER

This writ petition has been filed seeking a direction to the respondents to approve the appointment of Ponmathi in the post of BT Assistant Science in the petitioner school with effect from 09.09.2024 by considering the explanation of the petitioner dated 09.06.2025 within the time frame stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the explanation submitted by the petitioner dated 09.06.2025 is disposed of in accordance with law.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non2/4

consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the first respondent to consider the explanation by the petitioner dated 09.06.2025, on its own merits and pass appropriate orders, in accordance with law, 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 respondents 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. 15.07.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Chief Educational Officer, Ramanathapuram District.

2. The District Educational Officer, Mandabam, Ramanathapuram District.

Order made in W.P.(MD)No.19148 of 2025 Dated:

15.07.2025 4/4