Hussian Farook. H v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.19667 of 2023 H.Hussian Farook ... Petitioner Vs.

1.The Director of School Education, College Road, Chennai-600 006.

2.The District Education Officer, Valliyur, Tirunelveli District.

3.The Chief Educational Officer, Palayamkottai, Tirunelveli District.

4.The Correspondent, Amir Jamal Higher Secondary School, Idyankulam, Padmaneri Post Office, Tirunelveli District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Aa.thi.mu.no.1778/A3/2023, dated 05.08.2023 on the file of the second respondent and quash the same as illegal and consequently, to directing the respondents to approve the appoint of the petitioner as a Drawing Teacher in the fourth respondent School, on the basis of the clarification proposal sent by the said School on 12.09.2023 and disburse the grant-in-aid towards his salary and allowance with effect from the date of the appointment.

For Petitioner : Mr.E.Mareeskumar For R-1 to R-3 : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

The present writ petition has been filed by a Drawing Teacher, who was appointed in the fourth respondent School challenging the order passed by the second respondent wherein his approval for appointment was rejected.

2. A perusal of the impugned order reflects that it has been returned on various grounds. After the said impugned order, the fourth respondent Management has enclosed all the records on 12.09.2023 to the second respondent herein.

2/5

3. Considering the fact that the fourth respondent Institution is a stand alone Minority Institution and the Teacher is a Drawing Teacher, this Court is inclined to pass a direction to the second respondent to grant approval to the appointment of the writ petitioner as Drawing Teacher in the fourth respondent School with effect from 03.06.2019 with all other attendant benefits and pass orders within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

27.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Director of School Education, College Road, Chennai-600 006.

3/5

2.The District Education Officer, Valliyur, Tirunelveli District.

3.The Chief Educational Officer, Palayamkottai, Tirunelveli District.

4.The Correspondent, Amir Jamal Higher Secondary School, Idyankulam, Padmaneri Post Office, Tirunelveli District.

4/5

R.VIJAYAKUMAR, J.

BTR 27.11.2023 5/5