The Principal Secretary to v. M.Rajkumar
Case brief
What is this about?
The High Court disposed of a Writ Appeal challenging a direction to a State Project Director to consent to absorbing teachers as Block Resource Educators into B.T.Assistant posts. The Court modified the lower order, holding that the Court cannot issue positive directions forcing the Project Director to consent, but instead directed the Director to forward proposals to the Government for merit-base
What did the court decide?
The positive direction to the State Project Director to give consent was deleted; the Director is directed to forward proposals to the Government for orders within six weeks.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM
W.A.(MD)No.858 of 2015
- THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION,
FORT ST.GEORGE SECRETARIAT, CHENNAI.
- THE STATE PROJECT DIRECTOR, SARVA SHIKSHA ABHIYAN, D.P.I.CAMPUS, NUNGAMBAKKAM, CHENNAI-600 006.
- THE CHAIRMAN,
Issues for consideration
2 issues framed by the court
Whether the Writ Court erred in issuing a positive direction to the State Project Director to give consent for absorption without Government approval?
Whether the petitioners eligible for absorption as B.T.Assistants can be directed to be absorbed before Government considerations and approvals?
Parties & counsel
- appellant
Teachers Recruitment Board
- respondent
State Project Director, Sarva Shiksha Abhiyan
- appellant
Director of School Education
- respondent
M.Rajkumar
Coram
Case details
As recorded by the court registry
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