Madras High Court
The Director Of School Education vs D.Latha on 15 July, 2021
W.A.(MD).No.469 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).No.469 of 2021
and
C.M.P(MD).No.1969 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 / Respondents 1 to 3
Vs.
1.D.Latha
W/o.T.Robin Adiyodi,
Secondary Grade Teacher,
Sivasubramania Nadar-Guruvammal Girls-
Higher Secondary School,
Thiruthangal,
Virudhunagar District. .. 1st Respondent/ writ petitioner
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W.A.(MD).No.469 of 2021
2.The Secretary,
Sivasubramania Nadar-Guruvammal Girls-
Higher Secondary School,
Thiruthangal,
Virudhunagar District. .. 2nd Respondent / 4th Respondent
Prayer: Writ Appeal is filed under Clause 15 of Letters Patent, to set
aside the order dated 16.12.2020 in W.P(MD).No.18559 of 2020 and
allow the writ appeal.
For Appellants : Mr.A.K.Manikkam
Standing counsel for Government
For 1st Respondent : Mr.D.Shanmugaraja Sethupathi
For 2nd Respondent : No appearance
JUDGMENT
(Order of the Court was made by T.S.SIVAGNANAM,J.)
This appeal filed by the State is directed against the order
dated 16.12.2020 passed in W.P(MD).No.18559 of 2020.
2.Heard Mr.A.K.Manikam, learned Standing counsel for
Government appearing for the appellants and Mr.D.Shanmugaraja
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W.A.(MD).No.469 of 2021
Sethupathi learned counsel appearing for the first respondent / writ
petitioner.
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
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
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W.A.(MD).No.469 of 2021
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
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
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W.A.(MD).No.469 of 2021
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."
4. Following the same, the Writ Appeal stands dismissed.
No Costs. Consequently, the connected miscellaneous petition is also
dismissed.
[T.S.S., J.] & [S.A.I., J.]
15.07.2021
Index : Yes / No
Internet : Yes / No
RM
https://www.mhc.tn.gov.in/judis/
W.A.(MD).No.469 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
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.
JUDGMENT MADE IN
W.A.(MD).No.469 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
