The Director Of Elementary Education vs J.Latha Rani ... 1St
2023 Latest Caselaw 14721 Mad

Madras High Court

The Director Of Elementary Education vs J.Latha Rani ... 1St on 23 November, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                  W.A.(MD) No.4 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 23.11.2023

                                                      CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                              AND
                         THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                              W.A.(MD) No.4 of 2021
                                           and C.M.P.(MD) No.18 of 2021

                     1.The Director of Elementary Education,
                       College Road, Chennai – 6.

                     2.The District Elementary Education Officer,
                       Kanyakumari District.

                     3.The Assistant Elementary Education Officer,
                       Karunkulam, Kanyakumari District. ... Appellants/Respondents 1 to 3

                                                        -Vs.-

                     1.J.Latha Rani                             ... 1st Respondent/Writ Petitioner

                     2.The Correspondent,
                       Rev. S.Mathias Memorial C.S.I. Primary School,
                       Arasakulam, Thengapattanam,
                       Kanyakumari District.               ... 2nd Respondent/4th Respondent

                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
                     set aside the order dated 06.11.2019 made in W.P.(MD)No.10317 of 2018
                     on the file of this Court.

                                          For Appellants        : Mr.D.Sadiq Raja
                                                                  Additional Government Pleader

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                W.A.(MD) No.4 of 2021


                                           For Respondents     : Mr.J.Gunaseelan Muthiah
                                                                 for R1

                                                                No appearance for R2
                                                     ****
                                                  JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The Writ Appeal on hand has instituted against the order dated

06.11.2019, passed in W.P.(MD) No.10317 of 2018.

2. The approval of appointment of the first respondent had

been rejected on the ground that she did not possess the qualification of

the Teachers Eligibility Test. The learned Single Judge, while setting

aside the order impugned dated 23.04.2018, directed the second

respondent herein to resubmit the proposal for approval of appointment

of the first respondent to the third appellant within a period of two weeks

from the date of receipt of a copy of this order.

3. Learned Government Pleader made a submission that in the

event of resubmitting the proposal, the authorities will consider the same

on merits and in accordance with law.

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

4. That being the submission, the second respondent is at

liberty to resubmit the proposal and on such submission the competent

authority shall consider the same on merits and in accordance with law.

5. With these clarifications, the order impugned stands

confirmed and the Writ Appeal is dismissed. No costs. Consequently,

connected Civil Miscellaneous Petition is closed.

                                                               [S.M.S.J.,] & [V.L.N.J.,]
                     NCC          :Yes/No                              23.11.2023
                     Index        :Yes/No
                     SJ

                     To

1.The Director of Elementary Education, College Road, Chennai – 6.

2.The District Elementary Education Officer, Kanyakumari District.

3.The Assistant Elementary Education Officer, Karunkulam, Kanyakumari District.

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

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ

23.11.2023

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