R. Kalaiselvi v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.1 & 2 of 2015 R.Kalaiselvi ... Petitioner Vs.

1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Alli Nagaram, Theni District.

2.Educational Agency/Kalvi Mugamai, Tha.Pe.Vai.Velalar Uravinmurai Gurukkal Middle School, Chinnamanur, Theni District, represented by its President K.Velmurugan 3.The Secretary, Tha.Pe.Vai.Velalar Uravinmurai Gurukkal Middle School, Chinnamanur, Theni District.

4.R.Subbaiah ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent in Pa.Ka.No.101/2015 dated 19.10.2015 and quash the same as illegal and consequently direct the respondents 1 to 3 to include the petitioner's name in the ensuing school committee. For Petitioner : Mr.G.Rajaraman For R1 to R3 : Mr.V.Om Prakash Government Advocate For R4 : No appearance

ORDER

The present writ petition has been filed challenging the School Committee Resolution of the second respondent herein, under which, they have refused to induct the writ petitioner in the School Committee.

2. According to the learned Counsel appearing for the writ petitioner, the writ petitioner is a senior most Teacher and she should have been made as a member of the School Committee as per the Rule 12(3) of the Tamil Nadu Recognised Private School (Regulation) Rules. 2/6

3. However, the School Committee refused to induct the writ petitioner and had inducted some other Teacher in the School Committee. This resolution is under challenge in the present writ petition.

4. The said resolution was forwarded to the first respondent herein for his approval. However, the first respondent vide order, dated 29.04.2016 had refused to accept the School Committee Resolution and passed an order to induct the writ petitioner in the School Committee.

5. According to the learned Counsel appearing for the writ petitioner, the writ petitioner has already been indcuted in the School Committee and the impugned resolution of the School Committee may not survive for adjudication. He further submits that the order of the first respondent, dated 29.04.2016 was challenged by the Management and the said order was also confirmed by the Director of Elementary Education vide order, dated 16.06.2016.

6. In view of the above said facts, the grievance of the writ petitioner has already been readdressed and no further orders are called 3/6

for in the present writ petition. Hence, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

22.11.2022 Index :

Yes / No Internet :

Yes / No csm To 1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Alli Nagaram, Theni District.

2.The President, Educational Agency/Kalvi Mugamai, Tha.Pe.Vai.Velalar Uravinmurai Gurukkal Middle School, Chinnamanur, Theni District.

3.The Secretary, Tha.Pe.Vai.Velalar Uravinmurai Gurukkal Middle School, Chinnamanur, Theni District.

4/6

5/6

R.

VIJAYAKUMAR ,J.

csm Order made in and M.P.(MD)Nos.1 & 2 of 2015 Dated: 22.11.2022 6/6