The Director Of School Education vs L.Valli
2021 Latest Caselaw 9782 Mad

                                                                      W.A.(MD)No.825 of 2021




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 17.04.2021

                                                   CORAM:

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                      AND
                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI


                                           W.A.(MD)No.825 of 2021
                                                      and
                                          C.M.P.(MD)No.3669 of 2021


                1.The Director of School Education,
                   DPI Campus, College Road,
                   Chennai – 600 006.


                2.The Chief Educational Officer,
                   O/o. The Chief Educational Officer,
                   Virudhunagar District,
                   Virudhunagar.


                3.The District Educational Officer,
                   Virudhunagar District.
                   Virudhunagar.                                            : Appellants
                                                      Vs.



                1.L.Valli


                1/7
https://www.mhc.tn.gov.in/judis/
                                                                                W.A.(MD)No.825 of 2021




                2.The Secretary,
                   SHN, Ethel Harvey Girls Higher Secondary School,
                   Railway Feeder Road, Sattur,
                   Virudhunagar District.                                             : Respondents



                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to set

                aside the order dated 09.12.2020 in W.P.(MD)No.17732 of 2020 and allow

                the writ appeal.

                                           For Appellants    : Mrs.S.Srimathy
                                                              Special Government Pleader


                                                       JUDGMENT

*************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]

Heard Mrs.S.Srimathy, learned Special Government Pleader

appearing for the appellant department.

2.This appeal filed by the Director of School Education and the

officials of the Education Department is directed against the order dated

09.12.2020 in W.P.(MD)No.17732 of 2020.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.825 of 2021

3.The first respondent filed the said writ petition challenging the

proceedings of the third appellant dated 10.08.2020, by which, the third

appellant directed the second respondent to take appropriate action

against those teachers which include the writ petitioner as to why

disciplinary action should not be taken against them for having acquired

higher qualification without obtaining prior permission from the

department.

4.Identical issue has been considered by us in W.A.(MD)No.813

of 2021 and we have dismissed the appeal filed by the appellant

department. The operative portion of the said judgment dated 16.04.2021

in W.A.(MD)No.813 of 2021, reads as follows:

“8.After we have elaborately heard Mrs.S.Srimathy, learned Special Government Pleader appearing for the appellants and Mr.D.Shanmugaraja Sethupathi, learned Counsel for the first respondent / writ petitioner, we are of the considered view that the order passed by the learned Single Bench is perfectly justified and calls for no interference. We had an occasion to consider a similar case, though there was a slight difference in the facts of the case in W.A. (MD)No.271 of 2021 and we have dismissed the appeal filed by the Government.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.825 of 2021

9.The case on hand is a better case on facts. Thus for the reasons assigned by the learned Writ Court, as well as the reasons assigned by us and in terms of our earlier judgments referred above, we find no good grounds to interfere with the order of the learned Writ Court.

10.After we have dictated the judgment, the learned Special Government Pleader submitted that the matter has to be placed for ratification before the Court.

11.In the facts and circumstances of the case, we find no justification for doing so because no such ratification needs to be automatic because the head of the department namely, the Director of School Education has already issued proceedings dated 18.02.2019. This should be taken note of by the appellants.

12.Accordingly, this Writ Appeal stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.”

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.825 of 2021

12.Following the above judgment, this Writ Appeal also stands

dismissed. However, there shall be no order as to costs. Consequently, the

connected miscellaneous petition is closed.

                                                                [T.S.S., J.]   &     [S.A.I., J.]
                                                                          17.04.2021
                Index              : Yes / No
                Internet : Yes / No
                MR

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.825 of 2021

T.S.SIVAGNANAM, J.

AND S.ANANTHI, J.

MR

JUDGMENT MADE IN W.A.(MD)No.825 of 2021

17.04.2021

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