1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).No.8380 of 2011 and M.P.No.1 of 2011 A.Thilakam : Petitioner Vs. 1.The District Elementary Educational Officer, Pudukkottai. 2.The Secretary, M.C.T.M.Primary School, Namunasamudram, Pudukkottai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus calling for the records passed by the second respondent by order dated 20.07.2011 and quash the same and consequently direct the second respondent to grant study leave to enable the petitioner to undergo B.Ed., Degree Course for the year 2011 – 2012. For Petitioner : Mr.B.Prasanna Vinoth For Mr.G.R.Swaminathan For Respondent 1 : Mr.T.S.Mohammed Mohideen Special Government Pleader For Respondent 2 : Mr.K.Baalasundharam O R D E R The petitioner is working as a Secondary Grade Teacher in the second respondent school, which is an aided minority private school governed by the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973. He was qualified in M.A.Tamil, apart from Diploma in Teacher Education. In order to acquire B.Ed Degree qualification, it appears that she has applied to the second respondent management, who has passed the impugned order rejecting the claim of the petitioner on the ground that there is no power available to the second respondent management for the purpose of granting study leave under the Fundamental Rules. 2. Challenging the said order, the petitioner has filed the present Writ Petition mainly relying on a proceedings of the Director of Elementary Education, dated 04.08.2009, wherein, it is stated that for the purpose of granting study leave, the District Elementary Educational Officer is empowered to pass appropriate orders. Even if the said proceedings can be said to be applicable only for the Government School Teachers, in the proceedings of the Joint Director of School Education, dated 27.07.2009, while dealing with the aided private schools and their teachers' right to go on study leave, it is stated that such proposal is https://hcservices.ecourts.gov.in/hcservices/ 2 still pending with the Government. However, it is stated that in respect of correspondence course, concerned District Educational Officers themselves can grant approval. Under such circumstances, it is true that the second respondent, being the management, has no jurisdiction or power to grant study leave to the petitioner to undergo B.Ed Degree Course. But, for the purpose of considering the claim of the petitioner by the first respondent any application has to be routed only through the second respondent. 3. In such view of the matter, without going into the correctness or otherwise of the impugned order dated 20.07.2011 passed by the second respondent, the Writ Petition stands disposed of permitting the petitioner to make necessary application to the second respondent for grant of study leave within a period of two weeks from the date of receipt of a copy of this order, and thereafter, the second respondent shall forward the same to the first respondent for appropriate orders. The first respondent, on receipt of such proposal from the second respondent, shall pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of proposal from the second respondent. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) To The District Elementary Educational Officer, Pudukkottai. NB GH : 03.10.2011 : 2p/2c ORDER MADE IN W.P.(MD).No.8380 of 2011 https://hcservices.ecourts.gov.in/hcservices/