J. Amali Marcelin Mary, v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.(MD) No.18693 of 2018 J.Amali Marcelin Mary ... Petitioner -vs1.The Secretary to Government School Education Department Chennai 2.The Director of School Education D.P.I.Campus College Road Chennai 3.The Joint Director of School Education D.P.I.Campus Road C'hennai 4.The Chief Educational Officer Dindigul District, Dindigul 5.The District Educational Officer Vedachandur Dindigul District 6.The Manager / The Bishop R.C.Schools of Dindigul Diocese Bishop's House, Valar Nagar Post Box No.6, B.K.Pudur Dindigul-624 005 Dindigul District 7.The Secretary and Superintendent of RC Schools Punitha Thomas Pastoral Centre Post Box No.62 St.Josephs Cathedral Campus Dindigul District 8.The Correspondent Loyola Higher Secondary School Hanumantharayankottai, Dindigul District

9.The Correspondent St.James Higher Secondary School A.Vellodu, Dindigul District 10.A.Kanimozhi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the eighth respondent to forward the order of appointment of the petitioner as BTAssistant-Tamil made by the seventh respondent vide his order dated 30.07.2018 to respondents 4 and 5 and consequently direct them to approve the appointment of the petitioner vide order dated 30.07.2018.

For Petitioner : Mr.M.Saravanan for Mr.V.Angusamy For Respondents : Mr.A.K.Manickam Government Counsel for R1 to R5 Mr.V.John Kennedy for M/s.Father Xavier Associates for R6 to R8 Mr.M.Sivakumar for R9 Mr.E.V.N.Siva for R10

O R D E R

The prayer in this writ petition is for issuance of a writ of mandamus directing the eighth respondent to forward the order of appointment of the petitioner as BT Assistant (Tamil) made by the seventh respondent vide order dated 30.07.2018 to respondents 4 and 5 and to direct them to approve her appointment.

2. The learned counsel appearing for the petitioner submitted that in view of the disposal of the writ petition in W.P. (MD) No.2581 of 2020 filed by the tenth respondent herein, there is no legal impediment for the Authority concerned to approve the petitioner's appointment.

3. Heard the learned counsels appearing for the respondents on the above submission of the learned counsel for the petitioner.

4. In view of the above position, the fifth respondent is directed to consider the proposal submitted by the seventh respondent for the approval of the petitioner's appointment as BT Assistant (Tamil) and pass orders on merits and in accordance with law, if the candidature of the petitioner is otherwise found to be eligible, within a period of twelve weeks from the date of receipt

of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) krk 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 to Government, School Education Department, Chennai.

2.The Director of School Education, D.P.I.Campus, College Road, Chennai.

3.The Joint Director of School Education, D.P.I.Campus Road, Chennai.

4.The Chief Educational Officer, Dindigul District, Dindigul.

5.The District Educational Officer, Vedachandur, Dindigul District.

and W.M.P.(MD) No.18693 of 2018 09.08.2021 RD(17.08.2021) 3P 6C