Madras High Court
V.Jeba Ebenezer vs The Secretary on 12 May, 2021
W.P.(MD)No.9411 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.05.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.(MD)No.9411 of 2021
and
W.M.P.(MD)Nos.7128, 7134 & 7135 of 2021
V.Jeba Ebenezer ... Petitioner
Vs.
1.The Secretary,
The Government of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
DPI Compound, College Road,
Chennai – 6.
3.The Chief Educational Officer,
Tenkasi,
Tenkasi District.
4.The District Educational Officer,
Tenkasi,
Tenkasi District.
https://www.mhc.tn.gov.in/judis/
1/6
W.P.(MD)No.9411 of 2021
5.The Correspondent,
Baren Bruck Higher Secondary School,
Bungalow Surandai,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Certiorarified Mandamus, to call for
the records passed by the fourth respondent in Serial No.3 in
O.Mu.No.1939/A3/2019 dated 27.08.2019 (signed on 30.09.2019)
and quash the same and consequently direct the second, third and
fourth respondent to approve the appointment of the petitioner as
B.T.Assistant (History) teacher in the fifth respondent school from
the date of appointment ie., from 05.07.2019 and confer all the
consequential benefits.
For Petitioner : Mr.M.S.Suresh Kumar
For Respondents 1 to 4 : Mrs.S.Srimathy
Special Government Pleader
ORDER
***********
With the consent on either side, this Writ Petition is taken up
for final disposal at the admission stage itself.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9411 of 2021
2.Heard Mr.M.S.Suresh Kumar, learned Counsel appearing
for the petitioner and Mrs.S.Srimathy, learned Special Government
Pleader appearing for the respondents 1 to 4.
3.This Writ Petition has been filed for issuance of a Writ of
Certiorarified Mandamus, to quash the impugned order passed by
the fourth respondent dated 27.08.2019. By the impugned order,
the approval for the petitioner's appointment as B.T.Assistant
(History) was refused mainly by referring to G.O.Ms.No.165 dated
17.09.2019.
4.Learned Counsel appearing for the petitioner submitted
that the order is contradictory to the judgment of the Division
Bench in a batch of cases in W.A.(MD)No.76 of 2019, etc., dated
31.03.2021.
5.Mrs.S.Srimathy, learned Special Government Pleader
appearing for the official respondents submitted that the impugned
order may be set aside and remitted to the fourth respondent for
passing appropriate orders in the light of the judgment of this
Court in W.A.(MD)No.76 of 2019 dated 31.03.2021.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9411 of 2021
6.Accordingly, the writ petition is allowed and the impugned
order passed by the fourth respondent is quashed and the matter is
remitted back to the fourth respondent for passing fresh orders on
merits in the light of the judgment cited supra. A fresh order may
be passed on merits, within a period of eight [8] weeks from the
date of receipt of a copy of this order. However, there shall be no
order as to costs. Consequently, connected miscellaneous petitions
are closed.
12.05.2021
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.P.(MD)No.9411 of 2021
To
1.The Secretary,
The Government of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
DPI Compound, College Road,
Chennai – 6.
3.The Chief Educational Officer,
Tenkasi,
Tenkasi District.
4.The District Educational Officer,
Tenkasi,
Tenkasi District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.9411 of 2021
S.S.SUNDAR., J.
MR
W.P.(MD)No.9411 of 2021
12.05.2021
https://www.mhc.tn.gov.in/judis/
