M.Vijayalakshmi v. The Director Of Elementary Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25241 of 2024 and W.M.P(MD) Nos.21431, 21434 and 21435 of 2024 M.Vijayalakshmi ... Petitioner Vs.
1. The Director of Elementary Educational Officer, DPI Compound, College Road, Chennai.
2. The District Elementary Educational Officer, Theni District.
3. The Block Educational Officer, Theni District, Theni.
4. Muthaiah Primary School, Represented by its Secretary, Allinagaram, Theni District.
5. R.Atheeswari ... Respondents 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 1/5
records pertaining the impugned order in Na.Ka.No.624/A3/2024, dated 24.09.2024 on the file of the third respondent and quash the same as illegal, unconstitutional and without jurisdiction and further directing the third respondent to conduct proper enquiry and appoint the petitioner as Headmaster of the fourth respondent School in accordance with law. For Petitioner : Mr.S.A.Ajmalkhan For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader For R5 : Mr.S.Saravanakumar
O R D E R
The present Writ Petition has been filed by a Secondary Grade Teacher working in the fourth respondent School, challenging the order passed by the third respondent herein, wherein the fifth respondent has been appointed as a in-charge Headmistress of the School, considering her seniority.
2. It could be seen from the records that the petitioner was appointed as a Secondary Grade Teacher in the aided School on 19.08.1992, whereas, the fifth respondent was appointed on 20.04.1992. Admittedly, the fifth respondent is senior to the writ petitioner. However, it is the contention of the 2/5
writ petitioner that certain criminal cases are pending as against the fifth respondent and therefore she cannot be appointed as a in-charge Headmistress. It is the further contention of the writ petitioner that the fourth respondent School has to appoint a regular Headmistress.
3. The facts narrated above will clearly indicate that the fifth respondent herein is the senior most Secondary Grade Teacher, who has been appointed as a in-charge headmistress and as and when the fourth respondent School decides to appoint a regular Headmistress, the request of the petitioner would be considered by the fourth respondent.
4. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.
23.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Director of Elementary Educational Officer, DPI Compound, College Road, Chennai.
2. The District Elementary Educational Officer, Theni District.
3. The Block Educational Officer, Theni District, Theni.
4. Muthaiah Primary School, Represented by its Secretary, Allinagaram, Theni District.
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R.VIJAYAKUMAR,J.
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