The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22447 of 2025 The Correspondent, St.Joseph's Higher Secondary School, Thiruthuvapuram, Kuzhithurai - 629 163, Kanyakumari District.

: Petitioner Vs.

1. The State of Tamil Nadu, Rep by its Secretary, Department of School Education, Fort St.George, Chennai 600 009.

2. The Director of School Education, College Road, Chennai 600 006.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District

4. The District Educational Officer, Marthandam, Kanyakumari District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd and 4th respondents to approve forthwith the appointment of P.Merlin Girija as 1/6

PG Assistant (Mathematics) in the petitioner school w.e.f 01.12.2023 by considering the petitioner's proposal dt. 23.09.2024 with all attendant benefits including arrears of salary.

For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 3rd and 4th respondents to approve the appointment of one P.Merlin Girija as PG Assistant (Mathematics) in the petitioner school w.e.f 01.12.2023 by considering the petitioner's proposal dt. 23.09.2024 with all attendant benefits including arrears of salary.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner school is an aided minority school, which is administered by the corporate management of Rome Catholic Schools 2/6

diocese of Kuzhithurai, Nagercoil, which is a registered society. The petitioner school has sent a proposal to the third respondent to approve the appointment of one P.Merlin Girija as PG Assistant (Mathematics).on 23.09.2024. Since the same was not considered till date, the petitioner has filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's proposal dated 23.09.2024, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any 3/6

of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 18.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Secretary, Department of School Education, Fort St.George, Chennai 600 009.

2. The Director of School Education, College Road, Chennai 600 006.

3. The Chief Educational Officer, Nagercoil, Kanyakumari District

4. The District Educational Officer, Marthandam, Kanyakumari District.

5/6

M.DHANDAPANI, J.

Sm W.P.(MD) No.22447 of 2025 18.08.2025 6/6