Madras High Court
S.Elizabeth Saral Ebenezar vs / on 19 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.23032 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.23032 of 2019
and
W.M.P.(MD)Nos.19780 to 19782 of 2019 & 480 of 2021
S.Elizabeth Saral Ebenezar ... Petitioner
/Vs./
1.The Secretary to Government,
Department of School Education,
St.George Fort, Chennai.
2.The Director of School Education,
Dpi Compound,
College Road, Chennai.
3.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
4.The District Educational Officer,
Tenkasi,Tirunelveli District.
5.The Secretary,
Baren Bruck Higher Secondary School,
Bungalow Surandai,
Tirunelveli District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.23032 of 2019
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorari, calling for the records relating to the impugned
order passed by the 3rd respondent in Na.Ka.No.391/A3/2019 dated
05.03.2019 and quash the same as illegal.
For Petitioner : Mr.S.Chellapandian
For Respondents : Mr.T.Amjad Khan (R1 to R4)
Government Advocate
No appearance (R5)
ORDER
This writ petition has been filed challenging the order dated
05.03.2019 passed by the third respondent cancelling the approval
granted in favour of the petitioner for being appointed to the post of BT
Assistant (English) in the fifth respondent school.
2. The petitioner has challenged the impugned order on the ground
of violation of principles of natural justice. The petitioner claims that by
a non-speaking order, the petitioner's approval has been cancelled. The
petitioner also claims that since G.O.Ms.No.165, School Education
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Department, dated 17.09.2019 has been quashed in the judgment of the
Division Bench of this Court dated 31.03.2021 passed in WA(MD)No.76
of 2019 etc., batch, the question of cancelling the appointment of the
petitioner in the fifth respondent school does not arise.
3. A counter affidavit has been filed by the fourth respondent in
this writ petition reiterating the contents of the impugned order and
denying the contentions of the petitioner.
4. As seen from the impugned order, no specific reason
whatsoever has been given for cancelling the approval granted earlier in
favour of the petitioner for being appointed to the post of BT Assistant
(English) in the fifth respondent school. Infact, the approval has been
granted on 10.01.2019, whereas the impugned order cancelling the said
approval came to be passed on 05.03.2019, within a period of two
months from the date of grant of approval. The impugned order states
that due to various administrative reasons, the approval granted in favour
of the petitioner has been cancelled. Being a non-speaking order and
being an order passed in violation of principles of natural justice, as no
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opportunity of hearing was granted to the petitioner, necessarily the
impugned order has to be quashed and this writ petition will have to be
allowed. Accordingly, the impugned order dated 05.03.2019 passed by
the third respondent is hereby quashed and this writ petition is allowed.
No costs. Consequently, connected miscellaneous petitions are closed.
19.09.2024
Index : Yes / No (3/3)
NCC : Yes / No
sm
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TO:-
1.The Secretary to Government,
Department of School Education,
St.George Fort, Chennai.
2.The Director of School Education,
Dpi Compound,
College Road, Chennai.
3.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
4.The District Educational Officer,
Tenkasi,Tirunelveli District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
Sm
Order made in
(3/3)
Dated:
19.09.2024
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