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Madras High CourtWP(MD)/28766/2025disposed of

The Correspondent v. The State Of Tamil Nadu

2025-11-03Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P(MD).Nos.22355 and 22356 of 2025 The Correspondent, St. Mary Goretty Higher Secondary School, Manalikarai-629 164.

Kanyakumari District.

... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai 600 009..

2. The Director of School Education, College Road, Chennai 600 006..

3.The Chief Educational Officer, Kanyakumari District at Nagercoil, Kanyakumari District..

4. The District Educational Officer (Secondary Education), Marthandam, Kanyakumari 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 relating to the impugned proceeding issued by the 3rd respondent Chief Educational Officer in O.Mu.No. 00726/A5/2025 dated 10.02.2025, QUASH THE SAME and DIRECT the 3rd respondent Chief Educational Officer to approve forthwith the appointment of R. Mary Magdalene Praise as Record Clerk in petitioners school, w.e.f., the date of her appointment viz., 01.12.2023, with all attendant benefits including the arrears of salary and allowances. For Petitioner : Mr.K.Ragatheesh Kumar For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

The petition has been filed challenging the communication that has been received by the petitioner, wherein the third respondent had indicated that the application of the petitioner had been rejected.

2. Earlier, when the matter was taken up for hearing, the learned Additional Government Pleader appearing on behalf of the respondents would submit that the proposal was still pending for consideration and it is not known how the said communication had emmanated from the third 2/5

respondent and that the same appeared to be a case of miscommunication.

3. In view of the proposal is pending with the third respondent, it would be appropriate to direct the third respondent to consider the proposal sent by the petitioner on 25.04.2024 to the appointment of the record clerk in the petitioner's school and pass appropriate orders on merits in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

4. It is also made clear that considering the students strength of the school, G.O.No.238, School Education Department, dated 13.11.2008 need not be applied.

5. In fine, the writ petition stands allowed and the impugned order is quashed with a direction to the third respondent as indicated above. No Costs. Consequently, connected Miscellaneous Petitions are closed. 03.11.2025 TTA 3/5

TO

1. The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai 600 009..

2. The Director of School Education, College Road, Chennai 600 006..

3.The Chief Educational Officer, Kanyakumari District at Nagercoil, Kanyakumari District..

4. The District Educational Officer (Secondary Education), Marthandam, Kanyakumari District..

4/5

K.KUMARESH BABU,J TTA

ORDER

IN WP(MD) No.28766 of 2025 Date : 03/11/2025 5/5