The Joint Director Of School Education ... vs The Correspondent
2024 Latest Caselaw 20537 Mad

Madras High Court

The Joint Director Of School Education ... vs The Correspondent on 29 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                            W.A.(MD) No.2163 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 29.10.2024

                                                      CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                             W.A.(MD)No.2163 of 2024
                                                       and
                                            C.M.P.(MD) No.15217 of 2024

                 1.The Joint Director of School Education (Secondary),
                   College Road, Chennai - 6.

                 2.The Chief Educational Officer,
                   Madurai, Madurai District.

                 3.The District Educational Officer,
                   Thirumangalam, Madurai District.                       ... Appellants

                                                         -vs-

                 The Correspondent,
                 R.C. Middle School,
                 Palanganatham - 623 003,
                 Madurai District.                                        ... Respondent

                           Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
                 Appeal by setting aside the order, dated 28.11.2023 made in W.P.(MD).No.10671
                 of 2023.

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https://www.mhc.tn.gov.in/judis
                                                                                 W.A.(MD) No.2163 of 2024


                                  For Appellants    : Mr.S.P.Maharajan,
                                                       Special Government Pleader.

                                  For Respondents   : Ms.A.Amala


                                                       JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

This writ appeal has been filed to help the wholly inactive officials of the

education department. All that the Writ Court has done is to direct the third

appellant to grant approval on being satisfied that there are no surplus teachers in

the school. Since no orders were passed within the time frame fixed by the

learned Single Judge, Cont.P.(MD)No.1660 of 2024 was filed by the respondent

herein. Sensing trouble, this writ appeal has been filed only to wriggle out of the

consequences of contempt.

2.Though this writ appeal has been presented with a delay on

19.08.2024, no action has been taken to determine as to whether there are surplus

teachers in the school or not. We will be committing a crime if we are to

entertain such appeals which will aid disobedience of the orders of this Court.

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

Hence, the writ appeal is dismissed. We refrain from imposing cost since we find

that the no amount of such imposition of cost will reform this particular

department namely, the education department. We make it clear that we are not

extending the time granted by the learned Single Judge for complying with his

order and if the order has not been complied within the time granted by the

learned Single Judge, the learned Single Judge will be at liberty to proceed in

contempt and pass appropriate orders. We make it clear that the salaries of the

teachers shall be paid from the date of appointment upon approval. No costs.

Consequently, connected miscellaneous petition is closed.

                 NCC              : No                    [R.S.M., J.]      [L.V.G., J.]
                 Index            : No                            29.10.2024
                 ias

                 To:

1.The Joint Director of School Education (Secondary), College Road, Chennai - 6.

2.The Chief Educational Officer, Madurai, Madurai District.

3.The District Educational Officer, Thirumangalam, Madurai District.

____________

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

ias

29.10.2024

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