Madras High Court
M.S.S.Jannathul Firthous vs The District Educational Officer ... on 13 July, 2021
W.A.(MD)No.648 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.648 of 2021
M.S.S.Jannathul Firthous .. Appellant/Petitioner
Vs.
1.The District Educational Officer (i/c)
Dindigul District.
2.The Tahsildar,
Natham Taluk,
Dindigul District. .. Respondents/Respondents
(R2 suo motu impleaded vide order of Court
made in W.A.(MD) No.648 of 2021 dated
13.07.2021 by TSSJ and SAIJ)
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 19.01.2021, in W.P.(MD)No.7595 of
2017.
For Appellant : Ms.M.Padmavathy
For Respondents : Mr.A.K.Manickam,
Standing Counsel for Government
https://www.mhc.tn.gov.in/judis/
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W.A.(MD)No.648 of 2021
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Ms.M.Padmavathy, learned counsel for the appellant and
Mr.A.K.Manickam, learned Standing Counsel Government, appearing for
the respondent.
2.This Writ Appeal by the writ petitioner is directed against the
order dated 19.01.2021, in W.P.(MD) No.7595 of 2017, which was filed to
challenge the order dated 31.03.2017, passed by the respondent, by
which the application made for grant of appointment on compassionate
ground was rejected by observing that the appellant is not in indigent
circumstances and her brother is an advocate practising before this
Court.
3.We find from the order dated 31.03.2017, that the conclusion
arrived at by the respondent, who is the District Educational Officer (i/c),
Dindigul District is not based upon any report from the competent
authority, who is entitled to certify the indigent circumstance of a person
or a family. Therefore, without obtaining proper information from the
revenue authorities, the District Educational Officer (i/c), cannot presume
that merely because the appellant's brother is a practising lawyer, she is
not in indigent circumstances.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.648 of 2021
4.We are informed that the appellant is a divorcee and she has a
minor child and she is eking her livelihood on the part time tailoring jobs.
5.Since the indigent circumstance is required to be certified by
the Tahsildar, who has to conduct necessary enquiry and submit a report,
we are of the view that such exercise can be conducted and if it is found
that the petitioner is still continuing in indigent circumstances, without
fixed source of income, a certificate can be issued to that effect and the
appellant can produce the same before the respondent and seek for re-
consideration of the same. In order to effectively implement this
direction, we suo motu implead Tahsildar, Natham, Dindigul District as
the second respondent in this Writ Appeal. Mr.A.K.Manickam, learned
Standing Counsel for Government, accepts notice on behalf of the second
respondent.
6.Accordingly, the Writ Appeal stands allowed and the order
passed by the learned Writ Court is set aside and the second respondent
is directed to conduct enquiry into the financial status of the appellant
and submit a report to the first respondent within a period of three weeks
from the date of receipt of a copy of this order. On receipt of such report,
the first respondent shall issue notice to the appellant informing about
her financial status and thereafter, take a decision regarding appointment
on compassionate grounds on merits and in accordance with law. It goes
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W.A.(MD)No.648 of 2021
without saying that if the second respondent issue a certificate that the
appellant is indigent, then the first respondent cannot sit on judgment on
the financial status of the appellant and has to accept the certificate
issued by the second respondent, unless and until the same is proved to
be wrong in proper perspective. No costs.
[T.S.S., J.] & [S.A.I., J.]
13.07.2021
Index : Yes / No
Internet : Yes / No
sj
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.
To
1.The District Educational Officer (i/c)
Dindigul District.
2.The Tahsildar,
Natham Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.648 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
JUDGMENT MADE IN
W.A.(MD)No.648 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
