Madras High Court
T.Gnanaselvi Jasmine vs The Director Of Elementary Education on 27 November, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.20231 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.11.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.20231 of 2023
T.Gnanaselvi Jasmine ... Petitioner
Vs.
1.The Director of Elementary Education,
College Road, Chennai-600 006.
2.The District Elementary Educational Officer,
Tuticorin, Tuticorin District.
3.The Block Educational Officer,
Ottapidaram Union, Thoothukudi District.
4.The Correspondent,
TNDTS Middle School,
Veppankulam,
Ottapidaram Union,
Thoothukudi District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records relating to the impugned proceedings issued by the 3 rd
respondent herein vide in O.Mu.No.1209/E2/2023, dated 31.07.2023 and
quash the same and further direct the 2nd respondent herein to approve
the petitioner's appointment as BT Assistant (Maths) in the 4th respondent
school w.e.f., the date of appointment viz., 22.11.2017 with salary and
attendant benefits.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.20231 of 2023
For Petitioner : Mr.A.Ajith Geethan
For R1 - R3 : Mr.D.Sadiq Raja
Additional Government Pleader
For R4 : No Appearance
ORDER
The present writ petition has been filed by a B.T Assistant (Maths) Teacher appointed by the 4th respondent management school. The said appointment order was forwarded to the 3rd respondent herein for his approval. The 3rd respondent under the impugned order, dated 31.07.2023 has rejected the said approval on the ground that subject roaster has not been followed and the 4th respondent corporate management is having surplus teachers. Therefore, they are not in a position to grant approval to the appointment of the writ petitioner.
2. A perusal of the order impugned in the writ petition will clearly show that it is a high generalized order without mentioning the fact how many surplus teachers of B.T Assistant (Maths) are available within the corporate management and how many surplus teachers are available in the said school. It has also not been stated which other subject teacher should have been appointed as per the subject roaster, if at all the said subject roaster is applicable to an aided school. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.20231 of 2023
3. In view of the above said facts, the order impugned in the writ petition, dated 31.07.2023 is set aside on the ground of vagueness and the matter is remitted back to the file of the 3rd respondent herein. The 3rd respondent after giving due opportunity to the 4th respondent management, shall pass orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of copy of this order.
4. With the above said observations, this Writ Petition stands disposed of. No costs.
27.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Director of Elementary Education, College Road, Chennai-600 006.
2.The District Elementary Educational Officer, Tuticorin, Tuticorin District.
3.The Block Educational Officer, Ottapidaram Union, Thoothukudi District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.20231 of 2023 R.VIJAYAKUMAR,J.
gbg Order made in W.P(MD)No.20231 of 2023 Dated:
27.11.2023 4/4 https://www.mhc.tn.gov.in/judis