1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12513 of 2011 and M.P(MD)No.1 of 2011 V.M.Vimala .. Petitioner Vs 1. The Director Elementary Education, College Road, Chennai - 600 006. 2. The District Elementary Educational Officer, Virudhunagar, Virudhunagar District. 3. The Assistant Elementary Educational Officer, Sattur, Virudhunagar District. 4. The Secretary, Hindu Yadava Primary School, Sadayampatti, Sattoor Post, Virudhunagar District - 626 203. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent/District Elementary Educational Officer to consider forthwith the petitioner's representation, dated 12.09.2011 for designating her as the regular Headmistress in the fourth respondent school namely, the Hindu Yadava Primary School w.e.f. the date on which she has been discharging the functions of the Headmistress as in-charge i.e., since 4.2.2003 with all attendant benefits. For Petitioner : M/s.Issac Mohanlal For Respondents : Ms.S.Bharathi Government Advocate ORDER Heard both sides. 2. The learned counsel for the petitioner submits that the petitioner/V.M.Vimala has been working as Headmistress in the fourth respondent school Hindu Yadava Primary School, Sadayampatti. Even https://hcservices.ecourts.gov.in/hcservices/ 2 before she was made as Headmistress from the date of her appointment as Secondary Grade Teacher on 21.10.1992, the petitioner has been working in the same school and her appointment was approved by the second respondent. She has been working in the said school without any break or blemish retired and also without any complaint whatsoever. The petitioner has become senior-most Headmistress. As the Headmaster of the school expired on 3.2.2002 and the post of Headmaster fell vacant from 4.2.2002, on account of the death of the then incumbent Tmt.Kurinchi Selvi, the second respondent/The District Elementary Educational Officer, Virudhunagar, Virudhunagar District by keeping in view of the school's interest and interest of the students, permitted the petitioner to act as Headmistress in charge from 4.2.2003. Since then, she has been discharging her duty as Headmistress which shows that the petitioner has become fully qualified having the requisite qualification for the post of Headmistress. It also transpires from the records that the petitioner has also possessed B.Ed Degree (Secondary Grade Teacher Education) and five years teaching experience as Secondary Grade Teacher and that she is working as the most senior teacher in the school. That apart, since 04.02.2003, for the last eight years, she has been functioning as Headmistress of the said school. In these circumstances, the petitioner has made representation to the second respondent/District Elementary Educational Officer,Virudhunagar, Virudhunagar District to designate her as the regular Headmistress of the school. The petitioner has also made several representations on 7.7.2002, 9.3.2005, 2.3.2007, 3.7.2009 and 4.2.2011 which also clearly show that the petitioner has been making her request to designate her as regular Headmistress of the school. Further the fourth respondent school is governed by the Tamil Nadu Recognized Private School(Regulation)Act, 1973 and Rules 1974. Rule 15(4) framed under the said Act shows that the appointments to the various categories of teachers shall be made by giving promotion from among the qualified teachers in that school and if no qualified candidates is available in that school, then the school can go for other methods. 3. While so, the case of the petitioner is that the petitioner has been working as Headmistress of the school for the past eight years and has made her written representation to designate her as regular Headmistress, but the same has not been considered by the authorities. Therefore the second respondent is directed to consider the representation of the petitioner, dated 12.09.2011 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order,on merits and in accordance with law. 4. With the above observation, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Director Elementary Education, College Road, Chennai - 600 006. 2. The District Elementary Educational Officer, Virudhunagar, Virudhunagar District. 3. The Assistant Elementary Educational Officer, Sattur, Virudhunagar District. +1 CC to Mr.Isaac Mohanlal, Advocate (SR.No.38018) W.P(MD)No.12513 of 2011 03.11.2011 vsn NSV/2.12.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/