Madras High Court
The Director Of School Education vs Unknown on 15 July, 2021
W.A.(MD).Nos.368 & 369 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD).Nos.368 & 369 of 2021
and
C.M.P(MD).Nos.1269 & 1271 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,
Sivakasi Educational District,
Sivakasi,
Virudhunagar District. ... Appellants in both cases
Vs.
1.T.Thillaiammal ...R1 in W.A.(MD).No.368 of 2021
2.T.Rajasulochana ...R1 in W.A.(MD).No.369 of 2021
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W.A.(MD).Nos.368 & 369 of 2021
3.The Secretary,
Sivasubramania Nadar-Guruvammal Girls-
Higher Secondary School,
Thiruthangal,
Virudhunagar District. ...2nd Respondent in both cases
Prayer in W.A.(MD).No.368 of 2021: Writ Appeal is filed under Clause
15 of Letters Patent, to set aside the order dated 17.12.2020 made in
W.P(MD).No.18714 of 2020 and allow the writ appeal.
Prayer in W.A.(MD).No.369 of 2021: Writ Appeal is filed under Clause
15 of Letters Patent, to set aside the order dated 17.12.2020 made in
W.P(MD).No.18727 of 2020 and allow the writ appeal.
In both cases
For Appellants : Mr.A.K.Manickkam
Standing counsel for Government
For 1st Respondent : Mr.D.Shanmugaraja Sethupathi
For 1st Respondent : No-appearance for R2
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https://www.mhc.tn.gov.in/judis/
W.A.(MD).Nos.368 & 369 of 2021
COMMONJUDGMENT
(Order of the Court was made by T.S.SIVAGNANAM,J.)
These writ appeals filed by the State is directed against the
order, dated 17.12.2020 passed in W.P.(MD).Nos.18714 and 18727 of
2020, respectively.
2.Heard Mr.A.K.Manikam, learned Standing counsel for
Government appearing for the appellants and Mr.D.Shanmugaraja
Sethupathi, learned counsel appearing for the first respondent / writ
petitioner in both appeals.
3.The Identical impugned orders passed in other writ
petitions were tested for its correctness by us in W.A.(MD)Nos.813, 822
and 825 of 2021 and the writ appeals filed by the department were
dismissed by judgment, dated 16.04.2021. Incidentally, the impugned
order in all those writ petitions were identical impugned order as that of
the impugned order challenged in the writ petition filed by the first
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W.A.(MD).Nos.368 & 369 of 2021
respondent herein. The operative portion of the judgment reads as
follows :
"6.On a perusal of the proceedings of the
appellant dated 18.02.2019, it is seen that there is
no such condition imposed, but only reference to
G.O.Ms.No.101, stating that the Chief Educational
Officer of the concerned district would be entitled
to grant permission is made.
7.The learned Writ Court, after considering
the submissions of the other side, taking note of the
decision in the case of Director of Elementary
Education, Chennai Vs. G.Vijayalakshmi and
another reported in (2015) 6 MLJ 315, allowed the
writ petition. Aggrieved by the same, the
department is before us.
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
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W.A.(MD).Nos.368 & 369 of 2021
the facts of the case in W.A.(MD)No.271 of 2021
and we have dismissed the appeal filed by the
Government.
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
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W.A.(MD).Nos.368 & 369 of 2021
costs. Consequently, the connected miscellaneous
petition is closed."
4. Following the same, these Writ Appeals stand dismissed.
No Costs. Consequently, the connected miscellaneous petitions are also
dismissed.
[T.S.S., J.] & [S.A.I., J.]
15.07.2021
Index : Yes / No
Internet : Yes / No
RM
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.
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W.A.(MD).Nos.368 & 369 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
RM
JUDGMENT MADE IN
W.A.(MD).Nos.368 & 369 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
