Anitha v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) No.17143 of 2025 Anitha ... Petitioner vs.

1. The Chief Educational Officer, O/o.The Chief Educational Officer, Virudhunagar District.

2. The District Educational Officer (Secondary), O/o.The District District Educational Office, Virudhunagar District.

3. The Ad-Hoc Committee, M.N.M.S.P. Senthilkumara Nadar, Higher Secondary School, Mallakinaru, Kariapatti Taluk, Virudhunagar District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents Nos.1 and 2 to grant an approval to the appointment of the Petitioner as a PG Assistant 1/6

(English) in the 3rd respondent School in view of the representation dated 02.07.2025.

For Petitioner : Mr. M.Jothi Basu For Respondents : Mr.M.Siddhardhan Additional Government Pleader 1 and 2

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 and 2 to grant approval to the appointment of the petitioner as a PG Assistant (English) in the third respondent School by considering his representation dated 02.07.2025. 2.Heard Mr.M.Jothi Basu, learned counsel for the petitioner and Mr.M.Siddhardhan, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 and 2.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the third respondent is dispensed with.

2/6

4. The learned counsel for the petitioner would submit that the petitioner was appointed as a PG Assistant (English) on 12.06.2024 by the Secretary of the School Committee to a vacant post that arose due to the promotion of one Mr.David Sudhakaran. Subsequently, there was a management dispute in the third respondent school and as a result, the petitioner's name was not forwarded to the respondents 1 and 2 for approval of the appointment. Therefore, the petitioner made a representation on 02.07.2025 before the respondents 1 and 2 requesting approval of the appointment. As no action was taken on the proposal, the petitioner has filed the present Writ Petition before this Court.

5. Learned counsel for the petitioner would further submit that this Court may issue a direction to the respondents 1 and 2 to consider the petitioner's representation and pass appropriate orders thereon.

6. Per contra, the learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 would submit that admittedly the petitioner 3/6

was appointed as PG Assistant (English) in the vacancy caused by the promotion of one Mr.David Sudhakaran by the Secretary of the third respondent/School Committee. However, no averments have been made in the affidavit with regard to the proposal forwarded by the third respondent for approval of the petitioner's appointment. In the absence of such a proposal from the third respondent, the petitioner's representation cannot be considered. Nevertheless, the petitioner's representation will be considered only after the third respondent forwards the necessary proposal to the respondents 1 and 2 seeking approval of the petitioner's appointment.

7. Accordingly, the writ petition stands dismissed. However, liberty is granted to the petitioner to approach this Court as and when the third respondent forwards the proposal to the respondents 2 and 3 for approval of the petitioner's appointment. No costs. Consequently, the connected miscellaneous petition is closed.

13.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6

To

1. The Chief Educational Officer, O/o.The Chief Educational Officer, Virudhunagar District.

2. The District Educational Officer (Secondary), O/o.The District District Educational Office, Virudhunagar District.

5/6

M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 13.08.2025 6/6