The Devangar Higher Secondary School v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.17169 of 2022 The Devangar Higher Secondary School, Rep. by its Secretary, Aruppukottai-626 101, Virudhunagar District.

... Petitioner Vs.

1.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai-6.

2.The Chief Education Officer, O/o the Chief Education Officer, Virudhunagar, Virudhunagar District.

3.The District Education Officer, O/o the District Education Officer, Aruppukottai Town, Virudhunagar District.

4.S.Manimaran 5.R.Amudha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order made in Na.Ka.No.1273/A3/2021 dated 26.09.2022 on 1/4

the file of 3rd respondent and to quash the same as illegal and arbitrary. For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.S.Shaji Bino Special Government Pleader For R4 : Mr.T.Lajapathi Roy

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent.

2. A reading of the impugned order indicates that it is only an outcome of the earlier order passed by this Court. The fourth respondent had filed W.P. (MD)No.9073 of 2018 and the same was allowed on 22.04.2019. The writ petitioner as well as the fifth respondent were parties to the writ petition. Aggrieved by the same, writ appeals were filed before the Hon'ble Division Bench. The writ appeals were dismissed on 22.07.2019. SLPs were filed before the Hon'ble Supreme Court by the fifth respondent. SLPs were withdrawn with liberty to file a review petition. The review petition was filed in the writ appeals way back in the year 2019 and they are yet to be numbered. In the mean while, Contempt Petition (MD)No.1368 of 2019 was filed and it was disposed of on 24.02.2020 after recording the submission or the proposed 2/4

contemnors

3. The present order is a direct outcome of those proceedings. When the impugned order is only a consequential proceeding, so long as the review petition is yet to be allowed, the question of interfering with the impugned order does not arise. I do not find any ground to interfere.

4. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

30.09.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Director of School Education, O/o. the Director of School Education, DPI Campus, Chennai-6.

2.The Chief Education Officer, O/o the Chief Education Officer, Virudhunagar, Virudhunagar District.

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G.R.SWAMINATHAN, J.

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