Madras High Court
M.Juliet Jothimani vs The Director Of School Education on 17 August, 2023
W.P.No.19803 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.19803 of 2017
and W.M.P.No.36512 of 2018
M.Juliet Jothimani .. Petitioner
vs
1.The Director of School Education,
College Road, Chennai – 06.
2.The District Educational Officer,
Chennai Central, Chennai – 15.
3.The Secretary and Correspondent,
Besant Theosophical Higher Secondary School,
No.2, Arundale Beach Road,
Arundale Nagar, Chennai – 90. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorarified mandamus calling for the
records relating to the order of the 2nd respondent passed in its
proceedings Na.Ka.No.1462/A2/2017 dated 21.07.2017 and quash
the same and direct the 2nd respondent to approve the promotion
of the petitioner as Tamil Pandit from 29.08.2016 and pay salary
and other benefits based on the petitioner's representation dated
24.07.2017 after adjusting the salary paid as secondary teacher.
[prayer amended vide order dated 30.11.2018 made in WMP
No.36506 of 2018]
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W.P.No.19803 of 2017
For Petitioner : Mr.P.Ebenezer Paul
For Respondents : Mr.R.Neethi Perumal
Government Advocate
for R1, R2
Mr.R.Prem Narayan for R3
ORDER
Let me not keep the writ petition pending any further on the
file of this Court.
2. The writ petition was originally filed by the petitioner
herein seeking a mandamus to approve her promotion as Tamil
Pandit from 29.08.2016 as proposed by the third respondent
school.
3. During the course of the hearing, it was observed that
on 21.07.2017, the second respondent / District Educational
Officer, Chennai, had returned the proposal give by the third
respondent school and had raised two queries, namely, whether
the promotion was in accordance with the Private School
Regulations Act and Rules, particularly Rule 15(4)(1) and the
justification for promoting the petitioner overlooking a senior, who
was also eligible for promotion, and who according to respondents,
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W.P.No.19803 of 2017
had given a representation seeking promotion.
4. It is today informed that the said senior had retired
from the service and it is also stated that the third respondent has
to examine the impact of the judgment in W.A.Nos.313 of 2022 etc
batch dated 02.06.2023[The Director of School Education, DPI
Campus , Chennai and others v M.Vellayutham and others].
5. It is for the third petitioner and for the respondents to
interpret the impact of the said judgment.
6. The writ petition is therefore disposed of with a
direction to the respondents to reply to the communication from
the second respondent dated 21.07.2017. It would only be
appropriate that since the matter has been pending consideration
for atleast seven years as on date, the third petitioner endeavours
to forward reply to the said queries raised by the second
respondent on or before 15.09.2023 and from the date on which
the same is received by the second respondent, the second
respondent may pass orders on the same after following the due
procedure on or before 31.10.2023.
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W.P.No.19803 of 2017
7. Even though the writ petition has been filed in the
nature of a certiorarified mandamus to quash the said
communication dated 21.07.2017, the said relief is not granted but
rather a direction is given to the third respondent to answer the
said communication. No costs. Connected miscellaneous petition is
closed.
17.08.2023
Index:Yes/No
Neutral Citation:Yes/No
ssm
To
1.The Director of School Education,
College Road, Chennai – 06.
2.The District Educational Officer,
Chennai Central, Chennai – 15.
3.The Secretary and Correspondent,
Besant Theosophical Higher Secondary School,
No.2, Arundale Beach Road,
Arundale Nagar, Chennai – 90.
https://www.mhc.tn.gov.in/judis
W.P.No.19803 of 2017
C.V.KARTHIKEYAN,J.
ssm
W.P.No.19803 of 2017
17.08.2023
https://www.mhc.tn.gov.in/judis
