Madras High CourtWP(MD)/12935/2018disposed of

R.Padmavathi, v. The Director Of Elementary

2021-11-19Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.12935 of 2018 R.Padmavathi ... Petitioner vs.

1.The Director of Elementary Education, Education Department, College Road, Chennai.

2.The Chief Educational Officer, Dindigul Disrict, 3.The District Elementary Educational Officer, Dindigul District, 4.Special Officer /The Assistant Elementary Education Officer, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to take steps to promote the petitioner to the post of Head Master of the Gandhiji Middle School 14th Ward, Makkan Street, Dindigul, by considering the petitioner's representation, dated 09.05.2018.

For Petitioner : M/s. Raja.Karthikeyan For Respondents : Mr.A.K.Manikkam Special Government Pleader

O R D E R

The petitioner seeks a Mandamus to the respondents to promote him to the post of Head Master of the Gandhiji Middle School.

2. The defence put forth by the respondents is that the appointment of Head Master can only be by the School Committee, which is yet to be constituted.

3. In fact, in W.P.(MD).No.1506 of 2011, the same prayer had been made by one C.Sumathi and by order dated 13.11.2017, a learned 1/3

single Judge of this Court had directed that the respondents take necessary steps to appoint a Special Officer for the School, who will function in terms of the Tamil Nadu Recognised Private Schools (Regulations) Act, 1973.

4. This was to facilitate quick disposal of claims made by that petitioner as well as other similarly placed persons. Till date, no Special Officer has been appointed, which amounts to contempt of order of this Court dated 13.12.2017. Though inclined to take a serious view of the matter, in light of the assurance of learned Special Government Pleader Mr.A.K.Manikkam to the effect that a Special Officer would not only be appointed but the representation of the petitioner dated 09.05.2018, seeking the same relief as sought for in this writ petition, would be disposed expeditiously and within the time frame fixed by the Court I desist.

5. A direction is issued to the Chief Educational Officer / R2 to take steps to appoint a Special Officer, as per the provisions of Section 18(A) of the Tamil Nadu Recognised Private Schools (Regulations) Act, 1973, within a period of six weeks from today. Simultaneously therewith, the representation of the petitioner dated 09.05.2018 shall be taken up for consideration and disposed, after hearing the petitioner in this regard.

6. This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) akv 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 Elementary Education, Education Department, College Road, Chennai.

2.The Chief Educational Officer, Dindigul Disrict, 2/3

3.The District Elementary Educational Officer, Dindigul District, 4.Special Officer /The Assistant Elementary Education Officer, +1 CC to M/s.SPL GP ( SR-35326[F] dated 22/11/2021 ) W.P.(MD).No.12935 of 2018 19.11.2021 MGJ(03.01.2022) 3P 6C 3/3