Madras High Court
K.Rabia Firdose vs The Director Of School Education on 27 October, 2022
W.P.No.28300 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.28300 of 2022
K.Rabia Firdose ... Petitioner
Versus
1.The Director of School Education,
College Road,
Chennai-6.
2. The Chief Educational Officer,
Thirupattur, Thirupattur District.
3. The District Educational Officer,
Vaniyambadi, Thirupattur District.
4. The Secretary & Correspondent,
Islamiah Girls Higher Secondary School,
Vaniyambadi, Thirupattur District
.... Respondents
Prayer:-Petition filed under Article 226 of the Constitution of India praying
this Court to issue a writ of mandamus, directing the 2nd respondent to approve
the appointment of the petitioner as B.T.Assistant (English), in the fourth
respondent school with effect from 08.07.2020, with all consequential benefits,
on the basis of the proposal dated 30.11.2021, submitted by the 4th respondent
school, in the light of the order passed in W.A.(MD).No.1292 of 2017 and 461
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1/6
W.P.No.28300 of 2022
of 2014 dated 29.11.2017, confirming the order passed in W.P.(MD)No.7456 of
2016 dated 27.02.2017.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mr.S.Yashwanth
Spl.Govt.Pleader
For R.1 to R.3
ORDER
This writ petition has been filed for a mandamus seeking for a
direction to the 2nd respondent to approve the appointment of the petitioner as
B.T.Assistant (English), in the fourth respondent school with effect from
08.07.2020 based on the proposal sent by the fourth respondent school dated
30.11.2021 within a time frame to be fixed by this Court.
2. The petitioner claims that she has been appointed by the fourth
respondent school as B.T.Assistant (English). The fourth respondent is an aided
minority Institution. The fourth respondent has also sent a proposal to the
second respondent, seeking for approval of the petitioner for appointment to the
post of B.T.Assistant (English). Since the proposal has not been considered till
date, the petitioner has filed this writ petition.
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W.P.No.28300 of 2022
3. Heard Mr.S.N.Ravichandran, learned counsel for the pettioner and
Mr.S.Yashwanth, learned Additional Government Pleader accepts notice on
behalf of the respondents 1 to 3. By consent of both the parties, the main writ
petition has been taken up for final disposal.
4. The petitioner also relies upon a judgment of the Division Bench of
this Court dated 29.11.2017 in W.A.(MD).No.1292 of 2017 and 461 of 2014
dated 29.11.2017, which has confirmed the order passed by the learned Single
Judge dated 27.02.2017 passed in W.P.(MD)No.7456 of 2016, to substantiate
her case for appointment to the post of B.T.Assistant (English) in the fourth
respondent school with effect from 08.07.2020. It is for the respondents to
consider the same while considering the fourth respondent's proposal dated
30.11.2021 seeking for approval for appointment of the petitioner to the post of
B.T.Assistant (English) in the fourth respondent school with effect from
08.07.2020. The petitioner also claims that B.T.Assistant (Engligh) post is a
sanctioned post.
5. No prejudice would be caused to the respondents if the fourth
respondent's proposal dated 30.11.2021 referred to supra is considered on
merits and in accordance with law within a time frame to be fixed by this Court
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W.P.No.28300 of 2022
after giving due consideration to the aforementioned orders of this Court.
6. For the foregoing reasons, this Court directs the second respondent
to pass final orders on merits and in accordance with law on the fourth
respondent's proposal dated 30.11.2021 seeking approval for appointment of
the petitioner to the post of B.T.Assistant (English) with effect from 08.07.2020
within a period of twelve weeks from the date of receipt of a copy of this order
after giving due consideration to the aforementioned decisions relied upon by
the petitioner.
With the aforesaid direction, the writ petition is disposed of. No
costs.
27.10.2022
sr
Index: Yes/No
Speaking Order/Non-Speaking Order
https://www.mhc.tn.gov.in/judis
W.P.No.28300 of 2022
To
1.The Director of School Education,
College Road,
Chennai-6.
2. The Chief Educational Officer,
Thirupattur, Thirupattur District.
3. The District Educational Officer,
Vaniyambadi, Thirupattur District.
4. The Secretary & Correspondent,
Islamiah Girls Higher Secondary School,
Vaniyambadi, Thirupattur District
https://www.mhc.tn.gov.in/judis
W.P.No.28300 of 2022
ABDUL QUDDHOSE,J.
Sr
W.P.No.28300 of 2022
27.10.2022
https://www.mhc.tn.gov.in/judis
