R. Umavathi, v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Umavathi

...Petitioner

Vs.

1.The Director of School Education, D.P.I.Campus, College Road, Nungambakkam, Chennai-600 006.

2.The Chief Educational Officer, Thoothukudi District.

3.The District Educational Officer, District Educational Office, Kovilpatti-628 501.

4.The Secretary, St.Mary's High School, Therku Konarkottai, Chettikurichi Post, Thoothukudi District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the third respondent to accord post permission in respect of B.Lit, degree acquired by the petitioner.

For Petitioner :Mr.T.Lajapathi Roy For Respondents :Mr.C.M.Marichelliah Prabhu Additional Government Pleader for R.1 to R.3 :Mr.M.Saravanan for R.4 * * * * *

ORDER

This Writ Petition is filed seeking for issuance of a writ of Mandamus directing the third respondent to accord post permission in respect of B.Lit, degree acquired by the petitioner.

2. The case of the petitioner is that the petitioner was appointed as Secondary Grade Teacher in the year 1998 by the erstwhile Management of St.Mary's High School / fourth respondent 1/3

and the fourth respondent school is a private school receiving aid from the Government of Tamil Nadu and while the petitioner was in employment, she pursued and completed her B.Lit., (Tamil) degree in May 2007 and at the relevant time, when the petitioner underwent her B.Lit., course, she was unaware that prior permission had to be obtained from the office of the third respondent for undergoing higher education during the course of employment. The petitioner completed B.Lit., course through distance education at Annamalai University. Hence, the petitioner filed this writ petition seeking direction to the third respondent to accord post permission in respect of B.Lit., degree acquired by her.

3. Learned Counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the third respondent to consider the representation of the petitioner dated 25.04.2013, within a stipulated time as fixed by this Court.

4. The learned Counsel appearing for the respondents have no serious objection for granting such relief as sought for by the petitioner.

5. Considering the limited scope of prayer as sought for by the petitioner, without going into the merits of the petitioner's case, the third respondent is directed to consider the representation of the petitioner dated 25.04.2013, on merits and in accordance with law and dispose of the same within a period of twelve weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Director of School Education, D.P.I.Campus, College Road, Nungambakkam, Chennai-600 006.

2/3

2.The Chief Educational Officer, Thoothukudi District.

3.The District Educational Officer, District Educational Office, Kovilpatti-628 501.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-9843[F] dated 10/03/2021 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-9906[F] dated 10/03/2021 ) 09.03.2021 RP (26.05.2021) P 6C 3/3