A. Albert Manoharan v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.21895 of 2019 A.Albert Manoharan ... Petitioner Vs.

1.The Director of School Education, Chennai.

2.The Joint Director (Higher Secondary), Chennai-6.

3.The Chief Educational Officer, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to promote the petitioner as P.G. Assistant (Physics) and post him in the Government Girls Higher Secondary School, Thiruvadanai, Ramanathapuram District, by considering the petitioner's representation, dated 18.11.2019. For Petitioner : Mr.V.Paneer Selvam For Respondents : Mr.T.Amjad Khan, Government Advocate 1/5

O R D E R

As early as on 28.08.2024, learned Government Advocate appearing for the respondents has submitted before this Court that the relief sought for in this Writ Petition cannot be granted, since the petitioner is not eligible to be promoted as P.G. Assistant (Physics), as sought for in this Writ Petition. He further submitted that, since the petitioner has relinquished his rights for promotion, the question of reconsidering the same even before the lapse of three years does not arise.

2. On 28.08.2024, learned counsel appearing for the petitioner had sought for time to get instructions with regard to submissions made by learned Government Advocate appearing for the respondents. Based on the same, the matter was adjourned to 12.09.2024. On 12.09.2024, learned counsel appearing for the petitioner once again sought time to get instructions. On his request, the matter was adjourned to today i.e., 19.09.2024. However, this Court directed the Registry to list the matter under the caption 'for dismissal'.

3. As directed by this Court, the matter is listed under the caption 'for dismissal' today.

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4. Learned counsel appearing for the petitioner is unable to get instructions till date with regard to the submissions made by learned Government Advocate appearing for the respondents.

5. In view of the same, this Court has to accept the submissions made by learned Government Advocate appearing for the respondents.

6. Accordingly, after recording the fact that the petitioner is not eligible to be promoted as P.G. Assistant (Physics) as sought for in this Writ Petition, this Writ Petition is disposed of as the prayer sought for in this Writ Petition cannot be granted. No costs. Consequently, connected miscellaneous petition is closed.

19.09.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To 1.The Director of School Education, Chennai.

2.The Joint Director (Higher Secondary), Chennai-6.

3.The Chief Educational Officer, Ramanathapuram.

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ABDUL QUDDHOSE, J.

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