Baliah Marthandam Hr.Sec.School v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.23530 of 2019 and W.M.P(MD)No.20154 of 2019 Baliah Marthandam Higher Secondary School, Rep. by its Secretary, Mr.M.Ganesan, S/o.Baliah Marthandam, NH 47, Avaraikulam, Tirunelveli District-627 133.
... Petitioner -Vs1.State of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St. George, Chennai-9.
2.The Director of School Education, O/o.The Director of School Education, DPI Campus, Chennai-6.
3.The Joint Director of School Education (Higher Secondary), O/o.The Joint Director of School Education (Higher Secondary), DPI Campus, Chennai-6.
4.The Chief Educational Officer, O/o.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
5.The District Educational Officer, O/o.The District Educational Officer, Valliyur, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 to sanction two posts of PG Assistants in Chemistry and Economics subjects and consequently permit the petitioner to fill up the said post within the time frame stipulated by this Court. 1/3
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.Thiyagarajan, Government Advocate
ORDER
This Writ Petition is filed to direct the respondents 1 to 5 to sanction two posts of PG Assistants in Chemistry and Economics subjects and consequently, permit the petitioner to fill up the said post within the time frame stipulated by this Court. 2.Mr.A.Thiyagarajan, 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. The petitioner school is a higher secondary school. The teaching staff sanctioned to higher secondary courses is not sufficient for teaching the subjects viz., Chemistry and Economics. The Chief Educational Officer was furnished with students strength of the School in every year in the prescribed format, containing all relevant information with regard to students strength, staff strength, vacancy, number of periods available, the reason for vacancy, etc. Even after fixation of staff strength, the respondents have not sanctioned the posts. In view of the same, the petitioner sent various representations to the authority to sanction the post PG Assistant (Chemistry) and PG Assistant (Economics). The said representations were not considered by the respondents. Therefore, the petitioner has come out with the present writ petition.
4.Considering the nature of relief sought for in the writ petition and the submission of the learned counsel for the petitioner, without deciding the issue on merits, the respondents are directed to consider the representation of the petitioner dated 19.10.2019, on merits and pass 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) am 2/3
To 1.The Principal Secretary, Department of School Education, Fort St. George, Chennai-9.
2.The Director of School Education, DPI Campus, Chennai-6.
3.The Joint Director of School Education (Higher Secondary), DPI Campus, Chennai-6.
4.The Chief Educational Officer, Tirunelveli, Tirunelveli District.
5.The District Educational Officer, Valliyur, Tirunelveli District.
+1CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No.96919 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 96968 W.P.(MD)No.23530 of 2019 07.11.2019 DB(CO) TR(06.12.2019)3P 8C 3/3