Disposed

Gnanaguru Vidyasalai Primary School v. The District Educational Officer

Madras HC22 Nov 2024WP(MD)/4961/2022

Case brief

AI extract

What is this about?

Writ petition filed by a minority school seeking direction to the 1st respondent to consider a representation withdrawing an order of direct salary payment. The Court directed respondents to consider the representation within four weeks.

What did the court decide?

Direction to respondents to consider the petitioner's representation dated 05.09.2024 and pass appropriate orders within four weeks.

Gnanaguru Vidyasalai Primary School Vs The District… — Education and Admissions | Madras HC (2024)

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W.P.(MD).No.4961 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.11.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.4961 of 2022

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Gnanaguru Vidyasalai Primary School, by its Correspondent/Manager, I.Samuel

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... Petitioner

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The District Educational Officer, Sankarankovil, Tenkasi District.

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The Block Educational Officer, Alangulam Taluk, Tenkasi District.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1^st respondent to consider the representaiton of the petitioner, dated 05.11.2021 and pass orders on mertis to sanction and pay the salary to the teaching staffs through the Correspondent / Manager of the petitioner school by recalling the order of direct payment within the time fixed by this Court.

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For Petitioner : Mr. H.Arumugam For Respondents : Mr.T.Amjad Khan(R1,R2) Government Advocate

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.4961 of 2022

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ORDER

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The present writ petition has been filed seeking a direction to the 1^st respondent to consider the representaiton of the petitioner, dated 05.11.2021.

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2.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Perused the materials available on record.

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3.The petitioner School is a recognised Minority Institution receiving grant-in-aid from the Government. Originally, in view of the registration of FIR in Cr.No.317 of 2020 against Correspondent's son-in-law John Stalin by Devarkulam Police Station, Tirunelveli District, direct payment was ordered by the respondent authorities. In the meantime, FIR has been referred as 'further action dropped' and consequently, closed. Under such circumstances, the representation given by the petitioner on 05.09.2024 for withdrawing the order of direct payment was not considered by the respondents. Hence, this writ petition came to be registered.

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https://www.mhc.tn.gov.in/judis

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2/5

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W.P.(MD).No.4961 of 2022

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It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct the respondents to consider the same within a stipulated time.

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5.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the respondents to consider the representation of the petitioner, dated 05.09.2024 and pass appropriate orders in accordance with law, within a period of four (4) weeks, from the date of receipt of a copy of this order.

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6.With the above directions, this writ petition stands disposed of.

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There shall be no order as to costs.

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https://www.mhc.tn.gov.in/judis

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3/5

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W.P.(MD).No.4961 of 2022

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22.11.2024

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NCC : Yes / No Index : Yes / No Internet : Yes PNM

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The District Educational Officer, Sankarankovil, Tenkasi District.

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The Block Educational Officer, Alangulam Taluk, Tenkasi District.

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L.VICTORIA GOWRI, J.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.4961 of 2022

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PNM

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ORDER IN W.P.(MD).No.4961 of 2022

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22.11.2024

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https://www.mhc.tn.gov.in/judis

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Gnanaguru Vidyasalai Primary School v. The District Educational Officer

Case brief

What is this about?

What did the court decide?

Gnanaguru Vidyasalai Primary School v. The District Educational Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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