1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.2869 of 2011 and M.P.(MD)No.1 of 2011 S.Mahalakshmi, B.T.Assistant (English), Ramanathan Chettiar High School, Natchanthupatti, Sivagangai District. : Petitioner Vs. 1.The Director of Elementary Education, College Road, Chennai. (**)2.The District Educational Officer, Pudukkottai, Pudukkottai District. 3.The Secretary, Ramanathan Chettiar High School, Natchanthupatti, Sivagangai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to approve the petitioner's appointment to the post of B.T. Assistant (English) at the third respondent school with effect from 02.07.2010. For Petitioner : Mr.M.Ajmal Khan For Respondents 1&2 : Mr.V.Rajasekaran Special Government Pleader ORDER Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of respondents 1 and 2. In view of the limited order to be passed hereunder, I am not ordering notice to the third respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The present Writ Petition was laid for a Mandamus, directing the second respondent to approve the petitioner's appointment to the post of B.T.Assistant (English) at the third respondent school with effect from 02.07.2010 within a time stipulated by this Court. 3. The case of the petitioner is that she is now working as B.T Assistant (English) at Ramanathan Chettiar High School, Natchanthupatti, Sivaganga District. She was appointed as B.T. Assistant (English) at the third respondent School on 02.07.2010 and she has been working as such without giving any room for complaint till date. When the matter stood thus, the respondents entertained a doubt as to whether B.Ed., course offered by the Sastra University, Thanjavur is recognized by the State of Tamil Nadu in the matter of appointment. The University of Madras, in his communication https://hcservices.ecourts.gov.in/hcservices/ 2 dated 23.11.2009, certified that B.Ed., degree offered by the Sastra University, Thanjavur, has been recognized as equivalent to correspondence degree of University of Madras. When similar doubt was raised by the various District Elementary Educational Officers, on Writ Petitions filed before the Principal Seat in W.P.Nos.292, 870 and 890 of 2010, by an order dated 08.03.2010, it has held that B.Ed., degree offered by the Sastra University is recognized and is eligible for being considered for appointment in the State of Tamil Nadu. 4. In such circumstances, the third respondent has forwarded the proposals dated 14.07.2010 and 06.01.2011 to the second respondent for approval of her appointment. However, by proceedings dated 27.07.2010 and 01.02.2011, the second respondent has returned the proposals to the third respondent. Therefore, the petitioner presented a representation dated 05.01.2011 to the second respondent through the third respondent seeking approval of her appointment, taking into account of her B.Ed., degree obtained from the Sastra University, Thanjavur, which is approved by the National Council for the Teachers Education (NCTE). However, the said representation was not considered so far and hence, the petitioner is driven to file the present Writ Petition. 5. Considering the above facts and circumstances of the case, I am inclined to direct the petitioner to send a copy of the representation dated 05.01.2011 to the second respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider and dispose of the same on merits and in accordance with law, within a period of four weeks thereafter. 6. The Writ Petition stands disposed of in the above terms Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CO) (**)AMENDED AS PER ORDER DATED 21.4.2011 MADE IN MP(MD)NO.2 OF 2011 IN WP(MD)NO.2869 OF 2011 /TRUE COPY/ Sub Assistant Registrar To TO BE SUBSTITUTED FOR THE ORDER ALREADY DESPATCHED ON 18.3.2011 1.The Director of Elementary Education, College Road, Chennai. (**)2.The District Educational Officer, Pudukkottai, Pudukkottai District. 3.The Secretary, Ramanathan Chettiar High School, Natchanthupatti, Sivagangai District. ORDER MADE IN W.P.(MD).No.2869 of 2011 Dated:- 11.03.2011 SML PA/18.03.2011/2P/5C rl/4c – 26.4.2011 https://hcservices.ecourts.gov.in/hcservices/