The Chief Educational Officer vs I.Selvakumar .. 1St
2021 Latest Caselaw 19878 Mad

                                                                        W.A(MD)No.1862 of 2021

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 28.09.2021

                                                      CORAM :

                         THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
                                                AND
                               The HON'BLE MR.JUSTICE M.DURAISWAMY

                                             W.A(MD)No.1862 of 2021
                                                     and
                                            C.M.P(MD)No.8129 of 2021


                     1.The Chief Educational Officer,
                       Sivagangai, Sivagangai District.

                     2.The District Educational Officer,
                       Sivagangai, Sivagangai District.              .. Appellants /
                                                                        1st & 2nd Respondents

                                                           Vs.

                     1.I.Selvakumar                                  .. 1st Respondent /
                                                                             Writ Petitioner
                     2.The Correspondent,
                       St.Mary's Higher Secondary School,
                       Rajakembiram – 630 609
                       Sivagangai District.                          .. 2nd Respondent /
                                                                             3rd respondent

                     PRAYER: Writ appeal filed under Clause 15 of the Letters Patent against
                     the order dated 17.03.2021 passed in W.P(MD)No.5895 of 2021.



                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               W.A(MD)No.1862 of 2021




                                     For Appellant       : Mr.Baskaran,
                                                           Addl.Advocate General

                                                           Asisted by
                                                           Mr.P.Thilak Kumar
                                                           Additional Government Pleader
                                      For Respondent No.1     : Mrs.A.Amala


                                                      JUDGMENT

[Judgment of the Court was delivered by The Hon'ble CHIEF JUSTICE]

It is submitted that the appeal arises out of an order extending certain

benefits to the first respondent herein. The principal grievance of the

appellants is that the first respondent-writ petitioner did not qualify in the

TET and, as such, the benefit sought cannot be extended to such a person.

2.It is fairly submitted on behalf of the appellants that the issue is

covered by a previous Division Bench judgment in a batch of matters and

the State has preferred a Special Leave Petition.

https://www.mhc.tn.gov.in/judis/ W.A(MD)No.1862 of 2021

3.Since the issue is already covered by a Division Bench judgment,

no question arises of revisiting the same. In the event the SLP succeeds and

the relevant order is set aside, that will govern all matters.

4.Accordingly, in view of the judgment rendered on July 6, 2021, in

W.A.(MD)No.1273 of 2021 and W.A.(MD)No.1274 of 2021, the present

writ appeal, W.A.(MD)No.1862 of 2021, is dismissed.

There will be no order as to costs. Consequently, C.M.P.(MD)

No.8129 of 2021 is closed.

                                                                             (S.B., CJ.) (M.D., J.)
                                                                                   28.09.2021
                     Index          : Yes/No
                     Internet       : Yes/No
                     MR/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.

https://www.mhc.tn.gov.in/judis/ W.A(MD)No.1862 of 2021

THE HON'BLE CHIEF JUSTICE and M.DURAISWAMY, J.

MR/RM

W.A(MD)No.1862 of 2021

28.09.2021

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