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Madras High CourtWP(MD)/24718/2016dismissed

A.John Sebastin Rayappan, v. The Secretary,

2022-01-19Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD).Nos.17820 and 17821 of 2016 A.John Sebastin Rayappan ... Petitioner Vs.

1.The Secretary, Education Department, Fort st.George, 2.The Director of School Education, DPI Campus, College Road, 3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Cheranmadevi, Tirunelveli District.

5.Congregation of the Brothers of the Sacred Heart of Jesus, Rep. by its President, Palayamkottai, Tirunelveli.

6.The Correspondent, St.Mary's Higher Secondary School, Vikramasingapuram, Tirunelveli District.

7.Elamaran ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to promote the petitioner as the Tamil Pandit at the sixth respondent school in the place of seventh respondent for the reason that no approval is given by the fourth respondent for his 1/3

appointment as Tamil Pandit with effect from 06.06.2016 at the sixth respondent school.

For Petitioner : No Appearance For R1 to R4 : M/s.D.Farjana Ghoushia Special Government Pleader For R5 & R6 : Mr.T.Cibi Chakaraborthy For R7 : No Appearance

O R D E R

The Writ petition has been filed for the writ of Mandamus, directing the first to sixth respondents to promote the petitioner as Tamil Pandit in the sixth respondent school in the place of seventh respondent, since no approval was granted by the fourth respondent to the appointment of the seventh respondent.

2. When the writ petition was taken up, it was submitted that an approval was granted by the fourth respondent vide proceedings order dated 19.06.2017. Then the petitioner ought to challenge the approval order. Therefore, liberty granted to the petitioner to file a petition challenging appointment and the approval before the tribunal.

3. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) sn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary, Education Department, Fort st.George, 2/3

2.The Director of School Education, DPI Campus, College Road, 3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Cheranmadevi, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-1905[F] dated 20/01/2022 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-1945[F] dated 20/01/2022 ) W.P(MD)No.24718 of 2016 19.01.2022 RD(10.02.2022) 3P 7C 3/3