S.Amutha Vs the Joint Director, (Peronnel)

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorari calling for the records of the 1^st respondent in connection with the impugned order passed by the 1^st respondent in Na.Ka. No.006291/V5/2025, dated 27.06.2025 and quash the same.

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For petitioner : Mr.P. Chandrasekaran

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

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For respondents : Mr.S. Prabhakaran, Govt. Advocate

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W.P. No.25469 of 2025

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ORDER

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Challenging the proceedings of the 1^st respondent dated 27.06.2025, this

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writ petition has been filed.

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Short facts leading to the filing of this writ petition are as follows :-

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The petitioner, after completion of Higher Secondary Education, joined Diploma in Teacher Education in S.B.G. Teachers Training School (hereinafter referred as “School”) during the year 1990. On successful completion of that course, she was issued a Diploma Certificate in Teacher Education as well as Transfer Certificate by the School, pursuant to which, she joined an aided School viz., Chidambaranar Middle School at Orathur, Nagapattinam District. At the time of joining, her academic credentials were verified and thereafter only the appointment order was issued to her. Now, due to her family circumstances, she intends to retire from service on voluntary basis and hence, she applied before the authorities concerned to issue a genuineness Certificate, who in turn forwarded the said requisition to the 1^st respondent. Shockingly, the 1^st respondent directed the 2^nd respondent to take departmental and criminal action against the petitioner, vide proceedings dated 27.06.2025, which is impugned herein as it was stated that the petitioner's Diploma Certificate was a

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W.P. No.25469 of 2025

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fabricated one. Aggrieved by the impugned proceedings dated 27.06.2025 issued by the 1^st respondent, this writ petition has been filed.

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Learned counsel for the petitioner would submit that subsequent to verification of certificates pertaining to the petitioner, appointment order was issued to the petitioner at the time of joining service, whereas unilaterally, without considering the above aspect, the 1^st respondent has issued the impugned proceedings, which is non-est in law. He further submitted that the 1^st respondent ought to have given an opportunity to the petitioner to submit an explanation with regard to the above, before issuing directions to the 2^nd respondent, which amounts to gross violation. On the aforesaid score, the impugned proceedings dated 27.06.2025 issued by the 1^st respondent is liable to be quashed and the writ petition may be allowed.

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Per contra, learned Government Advocate appearing for the respondents submitted that the Diploma Certificate of Teacher Education produced by the petitioner before the respondents is not a genuine one. In support of his argument, he placed reliance on para 6 of the counter affidavit filed by the 1^st respondent. He further argued that as of now, no adverse orders have been passed against the petitioner and a direction alone is issued to the 2^nd respondent to conduct enquiry in respect of the fabricated certificate. Such

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W.P. No.25469 of 2025

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being the position, the petitioner can very well put forth her case / submit her explanation before the Enquiry Officer to be appointed. He also submitted that the petitioner approached this Court in a premature stage and therefore, the writ petition is not maintainable and the same may be dismissed.

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Replying to the aforesaid submission, learned counsel finally submitted that the Diploma Certificate, which is alleged to be a fabricated one was issued by the Management of the “School”, for which, the petitioner cannot be blamed and prayed for issuance of suitable directions.

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Heard the learned counsel on either side and perused the available materials placed on record.

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It is not in dispute that the petitioner approached the respondents for issuance of genuineness of educational certificates. Subsequent to her application, it came to the light of the 1^st respondent that the Diploma Certificate of Teacher Education of the petitioner is a bogus one. Thereafter only, the impugned proceedings dated 27.06.2025 was issued by the 1^st respondent. The impugned order indicates that an enquiry has been ordered to ascertain whether the certificates submitted are genuine or otherwise. As rightly contended by the learned Government Advocate, the impugned proceedings are only at the stage of a preliminary enquiry and no final order adverse to the

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petitioner has been passed. The purpose of the enquiry is merely to ascertain certain factual aspects pertaining to the authenticity of the certificates relied upon by the petitioner. Further, it is noticed that the petitioner neither impleaded S.B.G. Teacher Training School, Trichy, who issued the Diploma Certificate in Teacher Education nor Chidambaranar School, Orathur, in which School, she was appointed, initially. There are disputed questions of fact, which cannot be gone into by this Court, by invoking powers vested under Article 226 of the Constitution of India. It is crystal clear that the petitioner has approached this Court, prematurely. In the absence of any allegation of mala fides or bias, this Court is not inclined to entertain this writ petition. Further, it is to be noted that the petitioner has an effective and efficacious alternative remedy of submitting her explanation before the competent authority / 2^nd respondent as well as participating in the enquiry proceedings.

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For the aforesaid reasons, this writ petition stands dismissed as premature. It is made clear that this Court has not expressed any opinion on the merits of the allegations, and it is open to the respondent authorities to proceed with the enquiry in accordance with law. The petitioner is at liberty to raise all her defences before the competent authority in the pending proceedings. No costs. Consequently, connected miscellaneous petitions are closed.

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W.P. No.25469 of 2025

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23.09.2025

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Index:Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No

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