K.Celin Rose Mary v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.Celin Rose Mary ... Petitioner Vs.

1.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

2.The District Educational Officer, District Educational Office, Sivakasi, Virudhunagar District.

3.The Correspondent, S.C.M.S Girl's Higher Secondary School, Satchiyapuram, Sivakasi-626 124.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to approve the appointment of the petitioner in the third respondent School in the post of B.T Assistant (Social Science) with effect from the date of appointment (i.e.,) 01.08.2019.

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For Petitioner : Mr.S.Louis For R-1 & R-2 : Mr.N.GA.Natraj Government Advocate

ORDER

The present writ petition has been filed by a B.T Assistant (Social Science) Teacher seeking a Mandamus as against the second respondent herein to approve her appointment.

2. The petitioner has been appointed as a B.T Assistant (Social Science) Teacher in the third respondent School on 01.08.2019. The School has forwarded the proposal to the respondents herein and the same was returned. The Management has re-submitted the proposal on 04.02.2021. The Management has also given a certificate on 11.09.2023 to the effect that there are no surplus B.T Assistant (Social Science) Teachers within the Corporate Management. Since no orders have been passed by the first respondent, the present writ petition has been filed.

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3. Considering the above said facts, the first respondent herein is directed to pass orders approving the appointment of the writ petitioner as B.T Assistant (Social Science) Teacher with effect from 01.08.2019 with all attendant benefits in case if he arrives at a finding that there are no surplus B.T Assistant (Social Science) Teachers within the Corporate Management in the academic year 2019-2020. The said exercise shall be completed within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

4. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs.

12.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

2.The District Educational Officer, District Educational Office, Sivakasi, Virudhunagar District.

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3.The Correspondent, S.C.M.S Girl's Higher Secondary School, Satchiyapuram, Sivakasi-626 124.

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R.VIJAYAKUMAR, J.

BTR 12.12.2023 5/5