The Secretary v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25445 of 2024 and W.M.P(MD) No.21595 of 2024 The Secretary, Meenakshi Sundaram Memorial Higher Secondary School, Idaikal, Kadayanallur Taluk, Tenkasi District.
... Petitioner Vs.
1. The Director of School Education, DPI Complex, College Road, Chennai.
2. The Joint Director of School Education, Chennai - 6.
3. The Chief Educational Officer, Chief Educational Office, Tenkasi District, Tenkasi.
4. The District Educational Officer, District Educational Office, Tenkasi, Tenkasi 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, calling for the records of the impugned order passed by the fourth respondent herein in his proceedings in Oo.Mu.No.6866/A4/2024, dated 20.02.2024 and quash the same as illegal and further directing the respondents herein to accord prior permission to fill up the post of PG Assistant (History) Teacher fell vacant from 01.06.2018 due to superannuation of one Mr.S.Dharmaraj and release the grant in aid to the Meenakshi Sundaram Memorial Higher Secondary School by considering the petitioner's proposal dated 03.07.2019 and representation dated 01.12.2021 and 08.05.2023 and 26.12.2023 and pass appropriate orders within a time stipulated by this Court. For Petitioner : Mr.S.Vashik Ali For Respondents : Mr.J.Ashok Additional Government Pleader
O R D E R
The present Writ Petition has been filed by the Management of an aided Institution, challenging the order passed by the fourth respondent, wherein the originals of Communal Rotation Register and School Committee Resolution register have been sought for.
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2. According to the learned counsel appearing for the writ petitioner, along with the proposal, the Management has enclosed the Xerox copy of the above said Registers and it would be difficult for them to send the original of these registers. Hence, the present writ petition.
3. Unless the authorities entertain any doubt with regard to the Xerox copies enclosed by the Management, it is not mandatory for the Management to furnish the originals of the above said registers.
4. In view of the above said facts, the order impugned in the writ petition is set aside and the fourth respondent herein is directed to process the application on the basis of the Xerox copies of the documents furnished by the petitioner Management and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
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5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.
23.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Director of School Education, DPI Complex, College Road, Chennai.
2. The Joint Director of School Education, Chennai - 6.
3. The Chief Educational Officer, Chief Educational Office, Tenkasi District, Tenkasi.
4. The District Educational Officer, District Educational Office, Tenkasi, Tenkasi District..
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.25445 of 2024 23.10.2024 5/5