Nadar Higher Secondary School v. The Chief Educational Officer
W.P.(MD)No.21922/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) Nos.21922 and 21923 of 2019 Nadar Higher Secondary School Represented by its Secretary Pandavarmangalam Kovilpatti Tuticorin District ... Petitioner in both Writ Petitions -Vs1.The Chief Educational Officer Tuticorin 2.The District Educational Officer Kovilpatti Tuticorin District
...Respondents in both Writ Petitions
COMMON PRAYER: These Writ Petitions have been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to grant prior permission to fill up the post of P.G.Assistant (Physics) and P.G.Assistant (Chemistry) to the petitioner School as per Rule 15(4) of the Tamil Nadu Recognized Private School (Regulation) rules 1974 by accepting the proposal sent by the petitioner, dated 03.05.2019.
For Petitioner : Mr.V.Panneer Selvam (In both petitions) For Respondents : Mr.M.Karuppasamy Government Advocate (In both petitions) COMMON ORDER These writ petitions have been filed for a direction to the first respondent to grant prior permission to fill up the post of P.G.Assistant (Physics) and P.G.Assistant (Chemistry) to the petitioner School as per Rule 15(4) of the Tamil Nadu Recognized Private School (Regulation) Rules, 1974, by accepting the proposal sent by the petitioner, dated 03.05.2019.
2.Mr.M.Karuppasamy, learned Government Advocate takes notice for the respondents. By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.
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W.P.(MD)No.21922/2019 3.In the petitioner School, the post of one P.G.Assistant (Physics) became vacant from 11.04.2019 and the post of P.G.Assistant (Chemistry) became vacant from 01.01.2018. Hence, the petitioner sent proposal on 03.05.2019 for permission to fill up the post of P.G.Assistant (Physics) and P.G.Assistant (Chemistry) as per Rule 15(4) of the Tamil Nadu Recognized Private School (Regulation) Rules, 1974 to the first respondent through the second respondent along with all the relevant documents. The said proposal is pending with the first respondent without any progress. According to the petitioner, the students are suffering without Teachers and the Management also facing difficulties to provide education to the children. Hence, the petitioner has come up with these Writ Petitions.
4.Considering the nature of relief sought for in these Writ petitions, without deciding the issue on merits, the first respondent is directed to consider the proposal submitted by the petitioner, dated 03.05.2019 and pass orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) msa To 1.The Chief Educational Officer Tuticorin 2.The District Educational Officer Kovilpatti Tuticorin District +1 cc Mr.M.NATARAJAN ,Advocate, SR.No. 93048 +1 cc Mr. V.PANNEER SELVAM ,Advocate, SR.No.93052 W.P.(MD) Nos.21922 and 21923 of 2019 17.10.2019 KK/SAR/20.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2