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Madras High CourtWP(MD)/22143/2019disposed of

Nadar Middle School v. The District Educational Officer

2019-10-21Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD)No.22143/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.22143 of 2019 Nadar Middle School, Represented by its Secretary, Kovilpatti, Tuticorin District.

... Petitioner -Vs1.The District Educational Officer, Kovilpatti, Tuticorin District.

2.The Block Educational Officer, Kovilpatti, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to grant prior permission to fill up the post of Physical Education Teacher to the petitioner school as per Rule 15(4) of the Tamil Nadu Recognized Private School (Regulation) Rules, 1974 as per the proposal sent by the petitioner dated 11.07.2019. For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.M.Karuppasamy, Government Advocate.

ORDER

This Writ Petition is filed to direct the first respondent to grant prior permission to fill up the post of Physical Education Teacher to the petitioner school as per Rule 15(4) of the Tamil Nadu Recognized Private School (Regulation) Rules, 1974 as per the proposal sent by the petitioner dated 11.07.2019. 2.Mr.M.Karuppasamy, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, one post of Physical Education Teacher fell vacant with effect from 01.03.2019. The petitioner school has sent a proposal for appointment of Physical Education Teacher on 01.03.2019 to the first respondent through the second respondent, requesting to grant prior permission to fill up the said post. The said proposal was returned by the first respondent for rectifying certain defects. After rectifying the same, the proposal was resubmitted to the first respondent through the second respondent on 11.07.2019. However, till date, no order has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22143/2019 passed thereon. Hence, the petitioner has come out with the present Writ Petition.

4.Considering the nature of relief sought for by the petitioner, this Court directs the first respondent to consider the proposal submitted by the petitioner, dated 11.07.2019, on merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Myr To 1.The District Educational Officer, Kovilpatti, Tuticorin District.

2.The Block Educational Officer, Kovilpatti, Tuticorin District.

+1 CC to Mr.V.PANNEER SELVAM, Advocate ( SR-93491[F] dated 22/10/2019 ) +1 CC to SPL GP ( SR-93532[F] dated 22/10/2019 ) W.P.(MD)No.22143 of 2019 21.10.2019 VB(08.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2