The Chief Educational Officer v. Hidhayathul Islam Higher Secondary School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.14657 of 2025 1.The Chief Educational Officer, Tenkasi, Tenkasi District.

2.The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

... Appellants Vs./ Hidhayathul Islam Higher Secondary School, Represented by its Manager, Kadayanallur - 627 751, Tenkasi District.

... Respondent PRAYER:- Writ Appeal filed under Clause XV of Letters Patent, to set aside the order made in W.P.(MD)No.8427 of 2025 dated 26.03.2025 on the file of this Court.

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For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.T.Pon Ramkumar

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) This Writ Appeal has been filed by the State, aggrieved by order dated 26.03.2025 in a Writ Petition filed by Hidhayathul Islam Higher Secondary School ('School').

2.The School had sought a Mandamus directing the appellants to approve the appointment of one Mr.P.M.Abdul Kader as BT Assistant (English) with effect from 10.06.2024.

3.The Writ Petition had been disposed even at the time of admission, without going into the merits of the matter, directing the first appellant ie., the Chief Educational Officer, Tenkasi to consider the proposal sent by the School on 22.06.2024 and pass appropriate orders. 4.The appellants are aggrieved by what they consider is as a positive direction for accepting the appointment of Mr.P.M.Abdul Kader as proposed. However, Mr.T.Pon Ramkumar, learned counsel appearing 2/6

for respondent, would fairly accede to the position that the order of the writ Court at paras 6 and 7 does not indicate that the proposal must be accepted and all that the Writ Court has intended to state is that the proposal dated 22.06.2024 must be considered and appropriate orders be passed. This is our reading of the aforesaid paragraphs as well. In the interests of completion, both paragraphs 6 and 7 are extracted below: '6. In view of the same, this Court intends to dispose of this writ petition at the stage of admission with the consent of both sides without going into the merits of the case with a direction to the first respondent to consider the proposal sent on 22.06.2024 and pass appropriate orders for granting approval of appointment of Mr.P.M.Abdul Kader within a time to be stipulated herein to meet the ends of justice.

7. Accordingly, this writ petition is disposed of with the following directions:

1.The first respondent is directed to consider the proposal, dated 22.06.2024 of the petitioner to grant approval of appointment of Mr.P.M.Abdul Kader as B.T.Assistant (English) in the petitioner school and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order.

2. After granting approval of the appointment of the said teacher, the respondents shall disburse all other attendant benefits for which the said teacher is entitled within a period of four weeks thereafter.'

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5.Despite the time frame of four weeks that has been set out, learned counsel confirm that there has been no compliance with the directions as on date. Hence, there is a direction to the appellants to consider the proposal and pass orders in accordance with law, within a period of eight weeks from today.

6.As the appellants are satisfied with this clarification, nothing further survives in the Writ Appeal. We make it clear that no observations have been made on the merits of the application and the same shall be decided in accordance with law, after hearing the respondent. 7.In light of the above discussion, this Writ Appeal stands disposed. No costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 09.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes 4/6

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

2.The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 09.09.2025 6/6