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Madras High CourtWP(MD)/17585/2016closed

S .Sangeetha v. The Chief Educational Officer,

2023-04-13Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.12707, 12708, 12709 and 12710 of 2016 S.Sangeetha ... Petitioner in W.P.(MD)No.17585 of 2016 D.Suganya ... Petitioner in W.P.(MD)No.17586 of 2016 Vs.

1.The Chief Educational Officer, Sivagangai, Sivagangai District.

2.The District Educational Officer, Devakottai, Sivagangai District.

3.Chidambaram Chettiar Girls Higher Secondary School, Represented by Secretary, Kottaiyur, Karaikudi, Sivagangai District. ... Respondents in both Writ petitions 1/6

COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 2nd Respondent in O.Mu.No. 506/A4/2015 dated 07-04-2015 is illegal and quash the same and further direct the respondents 1 and 2 to grant approval for the appointment of the petitioner as B.T. Assistant (English) with effect from 21-11-2014 in Chidambaram Chettiar Girls Higher Secondary School, Kottaiyur, Karaikudi, Sivagangai District with all attendant benefits including the arrears of salary and allowance within the time limit fixed by the Court.

In both Writ Petitions For Petitioners : Mr.S.Manikandan For Respondents : Mr.V.Omprakash Government Advocate for R-1 and R-2 R-3 - No appearance COMMON ORDER This writ petition is filed to quash the impugned order, dated 07.04.2015 with further direction to the respondents 1 and 2 to grant approval for the appointment of the petitioners as B.T. Assistant (English), with effect from 2/6

21.11.2014 with all attendant benefits including the arrears of salary and allowances.

2. Heard Mr.S.Manikandan, learned counsel appearing for the petitioner and Mr.V.Omprakash, learned Government Advocate appearing for R-1 and R-2. Perused the material documents available on record.

3. Since the issue involved in these Writ Petitions are similar in nature both the writ petitions are taken up together and disposed of by a common order.

4. The 3rd respondent school has appointed the petitioners in the sanctioned vacancy, after obtaining prior approval from the respondents. However, the respondents 1 & 2 declined to grant approval since the petitioners were not possessing Teachers Eligibility Test qualification.

5. But the contention of the petitioner is that the petitioners have passed Teachers Eligibility Test qualification and they had obtained 87 and 80 3/6

marks, respectively. The Teachers Recruitment Board has fixed the cut off mark for passing is 90, subsequently, grace marks of 5 was granted to all the teachers. Therefore, the petitioners are entitled to.

6. The learned Government Advocate appearing for the official respondents submitted that pending writ petitions, the respondents have granted approval, vide proceedings, dated 11.01.2017. The said submission is recorded.

7. Recording the aforesaid submission, these Writ Petitions are closed. No Costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 13.04.2023 Internet : Yes ksa 4/6

To 1.The Chief Educational Officer, Sivagangai, Sivagangai District.

2.The District Educational Officer, Devakottai, Sivagangai District.

5/6

S.SRIMATHY, J ksa Common Order made in W.P.(MD)Nos.17585 and 17586 of 2016 13.04.2023 6/6