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Madras High CourtWP(MD)/10564/2013dismissed

Sri Konganeswara - v. The Director Of Elementary-

2019-06-10Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)Nos.10564 and 10615 of 2013 and M.P.(MD)Nos.1 of 2013 in W.P.(MD)No.10615 of 2013 Sri Konganeswara Vidyalaya Primary School, Melarajaveedhi, Thanjavur-613 009, Represented by its Secretary, N.Meena ... Petitioner in both Writ Petitions -Vs1.The Director of Elementary Education, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Thanjavur.

3.The Assistant Elementary Educational Officer, Thanjavur Urban, Thanjavur.

...Respondents 1 to 3

in both Writ Petitions 4.M.Parimala Devi ... 4th Respondent in W.P.(MD)No.10615 of 2013 (R4 is impleaded vide Court dated 10.06.2019 in M.P.(MD)No.2 of 2013 in W.P.(MD)No.10615 of 2013)

Prayer in W.P.(MD)No.10564 of 2013: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the second respondent issued in Mu.Mu.No.4415/A3/2012 dated 06.05.2013 and to quash the same and consequently, direct the respondents to pass appropriate orders granting permission to fill up the vacancies to the post of Secondary Grade Teachers lying vacant from 04.01.2010 and 31.05.2011 respectively, within the time frame to be fixed by this Court. Prayer in W.P.(MD)No.10615 of 2013: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the second respondent issued in Na.Ka.No.1877/A3/2013 dated 11.06.2013 and to quash the same and consequently, direct the second respondent to pass appropriate orders granting renewal of School Committee for a period of three years from 01.01.2013, within the time frame to be fixed by this Court.

For Petitioner (in both W.Ps.) : Mr.F.Deepak For R1 to R3 : Mrs.S.Srimathy, (in both W.Ps.) Special Government Pleader.

For R4 : Mr.S.Anwar Sameem (in W.P.(MD)No.10615 of 2013) COMMON ORDER The relief sought for in the Writ Petitions are to direct the respondents to pass appropriate orders, granting permission to fill up the vacancies to the post of Secondary Grade Teachers lying vacant during the year 2010-2011.

2.The learned counsel appearing for the fourth respondent brought to the notice of this Court that the petitioner's school was directed to be shifted to some other place.

3.At this juncture, the learned Special Government Pleader appearing for the respondents 1 to 3 brought to the notice of this Court that consequent to the order passed by the authorities to shift the school, the school itself was closed. 4.In view of the fact that the school is not functioning as of now, no consideration is required in respect of the relief as such sought for in the present Writ Petitions. If at all the writ petitioner is aggrieved from and out of any action of the authorities, it is left open to the writ petitioner to approach the competent authorities in the manner known to law. 5.With these observations, these Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) / True Copy / Sub Assistant Registrar(CS- ) Myr To 1.The Director of Elementary Education, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Thanjavur.

3.The Assistant Elementary Educational Officer, Thanjavur Urban, Thanjavur.

+1 CC to M/s.T.ANTONY ARUL RAJ, Advocate ( SR-67787[F] dated 11/06/2019 ) W.P(MD)Nos.10564 and 10615 of 2013 ES/20.06.2019/3P/5C