N.Vasu v. The District Educational Officer (Elementary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)Nos.23727 & 23918 of 2025 and W.M.P(MD)Nos.18778 & 18621 of 2018 W.P(MD)No.23727 of 2025 N.Vasu ..Petitioner Vs 2.The Block Educational Officer, ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorari to call for the records pertaining to the impugned order in Na.Ka.No.1033/A2/2025 dated and 11.07.2025 impugned order in Na.Ka.No.1033/A2/2025 dated 30.07.2025 and consequential impugned order in Na.Ka.1033/a2/2025 dated 11.08.2025 on the file of the respondent No.2 and quash the same as illegal. For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.P.T.Thiraviyam Govt. Advocate 1/6
W.P(MD)No.23918 of 2025 N.Vasu ..Petitioner Vs 2.The Block Educational Officer, 3.S.Radhika 4.P.Nandakumar ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorari to call for the records pertaining to the impugned order in Na.Ka.No.1929/AA5/2025 dated 22.08.2025 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.P.T.Thiraviyam Govt. Advocate (for R1 and R2) Mr.H.Thaumanasamy (for R3 & R4) 2/6
COMMON ORDER W.P.(MD) No.23727 of 2025 has been filed challenging the impugned orders in Na.Ka.No.1033/A2/2025 dated 11.07.2025, Na.Ka.No. 1033/A2/2025 dated 30.07.2025, and the consequential order in Na.Ka.No. 1033/A2/2025 dated 11.08.2025, on the file of the second respondent, and to quash the same as illegal. W.P.(MD) No.23918 of 2025 has been filed challenging the impugned order in Na.Ka.No.1929/AA5/2025 dated 22.08.2025 on the file of the first respondent. Through the impugned orders, the respondents 1 and 2 sought for explanation from the petitioner.
2. It is submitted by the learned counsel for the petitioner that the impugned orders have been passed without affording sufficient opportunity to the petitioner, which amounts to a violation of the principles of natural justice as well as the binding directions of the Division Bench of this Court. Hence, the impugned orders are liable to be set aside.
3. The learned Government Advocate for the respondents 1 and 2 would submit that the impugned orders were passed only after considering the materials placed on record. The respondents acted strictly in accordance with law and the directions of the Division Bench of this Court, and therefore, the impugned orders do not warrant interference. 3/6
4. A perusal of the impugned orders shows that the Block Educational Officer has exceeded his jurisdiction by issuing the impugned show cause notices, whereas the order passed by the Honourable Division Bench was only a direction to dispose of the dispute as and when the parties approached the competent authority. Admittedly, the Block Educational Officer is not the competent authority, and the very issuance of the show cause notices clearly falls outside the scope of his jurisdiction.
5. Further, the impugned orders, being show cause notices, were issued without affording sufficient opportunity to the petitioner, which is in total violation of the principles of natural justice as well as the directions issued by the Division Bench of this Court.
6. Accordingly, these writ petitions are allowed, the impugned orders are set aside, and the matters are remitted back to the first respondent for fresh consideration. The respondents are directed to pass fresh orders after affording reasonable opportunity to the petitioners, within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed. 03.09.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 4/6
To 2.The Block Development Officer, 5/6
P.T.ASHA, J.
skn Writ Petition(MD)Nos.23727 & 23918 of 2025 and W.M.P(MD)Nos.18778 & 18621 of 2018 03.09.2025 6/6