A writ petition was filed seeking a writ of mandamus to direct educational authorities to approve a teacher's appointment rejected by the District Educational Officer. The High Court disposed of the petition, leaving the petitioner to pursue legal remedies against the rejection order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM Dated : 03.07.2020 THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.8677 of 2020
G.Anita
... Petitioner
vs.
1.The Director of Elementary Education, DPI Campus, College Road, Chennai-6.
2.The District Educational Officer, Nagapattinam District, Nagapattinam. 3.The Block Educational Officer, Vedharanyam Union, Nagapattinam District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to pass orders on the proposal forwarded by the petitioner school with a consequential direction to approve the appointment of the teacher R.Visi in the post of Secondary Grade Teacher in petitioner school from the date of appointment on 22.01.2020 with payment of salary and other service benefits.
For Petitioner : Mr.A.Maheshnath For Respondents : Mr.C.Munusamy, SGP (Edn)
O R D E R
The case of the petitioner is that she is the Secrtetary of Vedakattalai Primary School, which is an aided Primary School at Vedakattalai, governed by the provisions of the Tamil Nadu Recognized Private School (Regulation) Act, 1973. A vacancy arose to the post of a Secondary Grade Teacher in the said school due to the death of one Sasi Kumar on 03.09.2016. To fill up the said post, a Resolution was passed by the School Committee on 13.02.2019 and a proposal was also forwarded to the 2nd respondent on 15.02.2019 seeking permission to fill up the said sanctioned vacancy. Since no order was forthcoming, the petitioner, after following due procedure, selected and
appointed one R.Visi as Secondary Grade Teacher on 22.01.2020 and also sent a proposal to the second respondent seeking approval of the same. Finding no response on the said proposal, the petitioner has preferred this writ petition seeking appropriate direction to the respondents in this regard.
2.When the matter was taken up, Mr.C.Munusamy, learned Special Government Pleader (Edn) taking notice for the respondents, produced a copy of the proceedings of the second respondent, District Educational Officer bearing Na.No.3890/A4/2019 dated ..01.2020 signed on 05.01.2020 and submitted that the proposal sent by the petitioner seeking approval of appointment of the said R.Visi, as Secondary Grade Teacher in the petitioner's school was returned as rejected. For better appreciation, the relevant portion of the said proceedings is extracted hereunder:
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3.Recording the aforesaid submission made by the learned Special Government Pleader (Edn) appearing for the respondents and the proceedings of the second respondent, District Educational Officer, Nagapattinam signed on 05.01.2020, this writ petition stands disposed of, leaving it open to the petitioner to take necessary legal recourse against the said rejection order. No costs.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
tsi
To
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai-6.
2.The District Educational Officer,
Nagapattinam District,
Nagapattinam.
3.The Block Educational Officer,
Vedharanyam Union,
Nagapattinam District.
W.P.No.8677 of 2020
rjl(co)
aa10/09/2020
3 issues framed by the court
Whether the writ court should issue a writ of mandamus directing respondents to pass orders approving the appointment of the teacher despite the rejection of the proposal by the District Educational O
Whether the petitioner is entitled to consequential direction to approve the appointment with payment of salary and service benefits.
Whether the petitioner can claim appellate remedy against an administrative order while approaching the writ jurisdiction.
1 provisions across 1 enactments
G. Anita
The Director of Elementary Education, DPI Campus, College Road, Chennai
The District Educational Officer, Nagapattinam District
The Block Educational Officer, Vedharanyam Union, Nagapattinam District
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
