An appeal against an order directing appointment approval. The court dismissed the appeal as academic because the appointed teacher resigned, leaving no live controversy.
The writ appeal was closed as there is no live controversy since the appointed teacher resigned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.01.2016
CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Appeal (MD) No.763 of 2014
1.The Secretary to Government School Education Department, Fort St.George, Chennai.
2.The Director of Elementary Education, College road, DPI Campus, Chennai.
3.The District Elementary Education Officer, Tirunelveli.
Vs.
1.Lakshmi Primary School, Pattupathu, Ayiraperi (P.O)-627 814, Tenkasi Taluk, Tirunelveli District, rep.by its Secretary. ..1st Respondent/Petitioner
2.The National Council for Technical Education, Hand Bhawan, Wing II, 1, Behedur Shah Zafar Marg, New Delhi – 110 002, rep.by its Member Secretary ..2nd Respondent/1st Respondent
Writ Appeal filed under Clause 15 of Letters Patent Act against the order dated 26.06.2013 passed by this Court in WP No.8585 of 2013.
Prayer in WP(MD). 8582/ 2013 :
Writ Petition is 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 order of the 3rd respondent in Na.Ka.No. 37718/F2/2011 dated 12.04.2012 and consequential orders of the 4th respondent in A.T.Mu.No.3656/A3/2012 dated 18.09.2012 and quash the same and consequently direct the respondents 4 and 5 herein to approve the appointment of T.Kalyani as Secondary Grade Teacher in the petitioner s school w.e.f 01.06.2012 with all attendant benefits including the arrears of salary and allowance and pass such further or other orders.
For Appellants : Mr.V.R.Shanmuganathan Spl.Govt.Pleader For R – 1 : Mr.T.Pon Ramkumar For R – 2 : Mr.A.Sivaji
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ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.)
The Government came up with the above Appeal challenging the order of the learned Judge, directing the grant of approval for the appointment of a person who did not pass Teacher Eligibility Test.
2.Now it is stated by Mr.T.Pon Ramkumar, learned counsel for the first respondent that the teacher who was appointed without a pass in the TET has already resigned. Therefore, nothing survives for adjudication in this Writ Appeal. Hence, it is closed. No costs. Connected MP(MD)No.2 of 2014 is also closed.
Sd/-
Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.
To
1.The Secretary, Lakshmi Primary School, Pattupathu, Ayiraperi (P.O)-627 814, Tenkasi Taluk, Tirunelveli District.
2.The Member Secretary, National Council for Technical Education, Hand Bhawan, Wing II, 1, Behedur Shah Zafar Marg, New Delhi – 110 002.
+1cc to M/s.T.Pon Ramkumar, Advocate in SR.5660
Writ Appeal (MD) No.763 of 2014 29.01.2016 mj PBK/NGM-SS 09/02/2016 ::2P-4C::
The Secretary to Government School Education Department
The Director of Elementary Education
The District Elementary Education Officer, Tirunelveli
The Additional Assistant Elementary Educational Officer, Tenkasi
Lakshmi Primary School, Pattupathu
The National Council for Technical Education
V. Ramasubramanian
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court