M.Fazul Ashab, v. The Chief Educational Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice SUNDER MOHAN in WA(MD) No.1547 of 2024 CMP(MD) No.14717 of 2024:

M.FAZUL ASHAB ... Petitioner / 1st Respondent / 1st Respondent Vs 1 THE CHIEF EDUCATIONAL OFFICER,, 2 THE DISTRICT EDUCATIONAL OFFICER(SECONDARY),, ... Respondents 1 & 2 / Petitioners / Appellants 3 THE SECRETAR AND CORRESPONDENT,, THE MUSLIM HIGHER SECONDARY SCHOOL, MELAPALAYAM, ... 3rd Respondent / 2nd Respondent / 2nd Respondent 1/4

Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to vacate the Interim order granted in CMP (MD).No.12152 of 2024 in W.A(MD).No.1547 of 2024 dated 11-09-2024 .

CMP(MD) No.12152 of 2024 IN WA(MD) No.1547 of 2024 1 THE CHIEF EDUCATIONAL OFFICER 2 THE DISTRICT EDUCATIONAL OFFICER (SECONDARY, ) ... Petitioners / Appellants Vs 1 M FAZUL ASHAB 2 THE SECRETARY AND CORRESPONDENT, THE MUSLIM HIGHER SECONDARY SCHOOL, MELAPALAYAM, ... Respondents / Respondents Prayer in CMP(MD). 12152/ 2024 :

To grant an order of interim stay of operation of order dated 27-11-2023 passed by this Honourable Court in W.P.(MD).No.9036 of 2023, pending disposal of the above writ appeal.

Prayer in WA(MD). 1547/ 2024 :

To set aside the judgment dated 15.11.2023 in WP(MD) No.25619 of 2022 on the file of this Honourable Cour.

Prayer in WP(MD). 25619/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Courtto issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in O.Mu.No. 1019/A4/2021 dated 1.02.2022 of the 2/4

1st respondent herein and quash the same and consequently direct the respondents 1 and 2 herein to approve the appointment of petitioner as a BT Assistant (Science) w.e.f. 1.6.2018 with all other attended benefits. ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.E.MAREESKUMAR, Advocate for the petitioner and of Mr.S.P.MAHARAJAN, Special Government Pleader on behalf of the Respondent Nos.1 and 2, the Court made the following order:- This petition has been filed to vacate the interim order granted in C.M.P.[MD] No.12152 of 2024 in W.A.[MD]No.1547 of 2024 dated 11.09.2024. 2.We do not find any ground to vacate the interim order inasmuch as the school has not sought for approval of appointment of Mr.M.

Fazul Ashab. On the contrary, it is seen from the communication dated 21.06.2018 that the school has sought only for permission to upgrade the post of Secondary Grade Teacher as a Graduate Teacher. Hence, this petition for vacating the interim order is dismissed. sd/- 22/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MR 3/4

To 1 THE CHIEF EDUCATIONAL OFFICER 2 THE DISTRICT EDUCATIONAL OFFICER (SECONDARY, )

ORDER

IN in WA(MD) No.1547 of 2024 Date :22/10/2024 ED/ MMS /SAR- (29/10/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4