R.C.Sacred Heart Higher ... vs The Director Of School Education
2021 Latest Caselaw 9856 Mad

                                                                         WP NO.9404 OF 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 17.04.2021

                                                       CORAM

                                   THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

                                                W.P.No.9404 of 2021
                                                        &
                                               W.M.P.No.9995 of 2021

                     R.C.Sacred Heart Higher Secondary School
                     Rasipuram 637 408
                     Namakkal District
                     Rep by its Correspondent
                     Sr.Sowmya                                             .. Petitioner

                                                          Versus

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

                     2.The Chief Educational Officer
                     Namakkal District
                     Namakkal

                     3.The District Educational Officer
                     Namakkal Education District
                     Namakkal                                          .. Respondents




                     1/4



https://www.mhc.tn.gov.in/judis/
                                                                                  WP NO.9404 OF 2021


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus directing the respondents to pass
                     orders for granting approval of appointment of Sr.L.Kulandaimary in the
                     sanctioned post of B.T.Assistant (Science) in the petitioner school from the
                     date of appointment on 07.06.2018 with all consequential and other
                     attendant benefits, including the arrears of salary from the date of
                     appointment, based on the proposal submitted by the petitioner School in
                     Na.Ka.No.379/2019-2020 dated 13.09.2019.
                                    For Petitioner   :     Mr.G.Sankaran

                                    For Respondents :      Mr.P.Raja, Govt.Advocate

                                                      ORDER

The petitioner is the school. They applied for approval of

B.T.Assistant (Maths) post in their school. It is seen that the respondents

have returned the same on the ground that the teacher has not qualified

herself in Teachers Education Test. Aggrieved over the same, the petitioner

is before this Court.

2. Mr.P.Raja, learned Government Advocate takes notice for the

respondents.

https://www.mhc.tn.gov.in/judis/ WP NO.9404 OF 2021

3. The learned counsel for the petitioner would submit that the issue

is already covered by the judgment of Hon'ble Supreme Court in Pramati

Educational and Cultural Trust Case ,reported in 2014 (8) SCC 1.

4. From the perusal of the proceedings, it is seen that the papers have

been returned by the authorities. Therefore, it is always open to the

petitioner to resubmit it after rectifying the defects or queries sought for by

the authorities. On such submission, the respondents are directed to consider

the request in the light of the Hon'ble Supreme Court judgment and pass

appropriate orders within a period of eight weeks from the date of receipt of

a copy of this order.

The Writ Petition is disposed of with the above observation and

direction. No costs. Connected miscellaneous petition is closed.

                                                                                              17.04.2021
                                                                                                    (2/2)
                     Index              : Yes / No
                     Internet           : Yes / No

https://www.mhc.tn.gov.in/judis/ WP NO.9404 OF 2021

M.GOVINDARAJ, J.

Kpr

To

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

2.The Chief Educational Officer Namakkal District, Namakkal

3.The District Educational Officer Namakkal Education District, Namakkal

W.P.No.9404 of 2021 & W.M.P.No.9995 of 2021

17.04.2021

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