1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11963 of 2011 and M.P(MD)Nos.1 & 2 of 2011 M.Rajasekar .. Petitioner Vs. 1. The District Elementary Educational Officer, District Elementary Education Office, Sivagangai. 2. The Assistant Elementary Educational Officer, Assistant Elementary Education Office, S.Pudur, Thirupathur Taluk, Sivagangai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the order made in Na.Ka.No.1930/A3/2011 dated 20.07.2011 passed by the first respondent and quash the same and consequently direct the respondents to permit the petitioner to participate in the counselling for the post of Middle School Headmaster. For Petitioners : Mr.D.Sadiq Raja For Respondents : Ms.S.Bharathi Government Advocate O R D E R This Writ Petition has been filed by the petitioner for a Writ of Certiorarified Mandamus, to call for the records relating to the order made in Na.Ka.No.1930/A3/2011 dated 20.07.2011 passed by the first respondent and quash the same and consequently direct the respondents to permit the petitioner to participate in the counselling for the post of Middle School Headmaster. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.D.Sadiq Raja, learned Counsel for the petitioner and Ms.S.Bharathi, learned Government Advocate, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The present Writ Petition is directed against the impugned order passed by the first respondent / District Elementary Educational Officer, Sivagangai, in and by which, the request of the petitioner not to delete his name from the list of panel for the post of Middle School Headmaster on the ground that he has already obtained a Diploma in Teacher Education which is equivalent to +2 has been refused. 5. The learned Counsel appearing for the petitioner submits that the petitioner, after completing his 10th Standard in the year 1981, at Government High School Pulidipatti, has completed his Diploma in Teacher Education in the year 1988. The said Diploma is two year course, that is equivalent to +2 qualification. Further, the learned counsel for the petitioner submitted that the petitioner has also completed Master of Arts in Tamil in the year 2007 from Annamalai University. As he has completed his Bachelor of Literature in Tamil, he is in possession of Double Degree. 6. The learned counsel for the petitioner contended that the petitioner is possessing required Educational Qualification that is sufficient to get promotion to the post of Headmaster. When he is having the above mentioned qualification to the post of the Middle School Headmaster as well as the post of Tamil Pandit, the respondents have also included his name in the panel for the year 2010-2011, but the first respondent by referring to the proceedings, informed the petitioner that he has not completed +2, therefore, his name would be deleted from the panel. Immediately, the petitioner also gave his representation on 22.07.2010, through proper channel, as he has possessed the required qualification to the post of Middle School Headmaster. But the said representation has not been considered, hence, filed a Writ Petition in W.P.No.9906 of 2011 not to delete his name from the panel, but, the Writ Petition was dismissed. Against which he preferred Writ Appeal in W.A.No.931 of 2011 and the learned Division Bench by holding that without challenging the order stating that he has not studied Higher Secondary Course, the prayer cannot be entertained for Mandamus to forbear from deleting his name from the panel. On that basis, the petitioner has finally come before this Court by filing the present Writ Petition against the said impugned order holding that he has not acquired or studied Higher Secondary Course. 7. This Court without going into the merits in the present Writ Petition, on finding that the petitioner's representation dated 22.07.2011, is pending with the first respondent, the District Elementary Educational Officer, Sivagangai, the Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated https://hcservices.ecourts.gov.in/hcservices/ 3 22.07.2011 and pass orders whether the Diploma in Teacher Education is equivalent to +2 qualification. The said representation may be considered before finalization of the counseling for promotion to the post of Middle School Headmaster preferably by giving an opportunity to the petitioner. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1. The District Elementary Educational Officer, District Elementary Education Office, Sivagangai. 2. The Assistant Elementary Educational Officer, Assistant Elementary Education Office, S.Pudur, Thirupathur Taluk, Sivagangai District. Ps rl/3c – 23.11.2011 W.P(MD)No.11963 of 2011 and MP(MD)Nos.1 and 2 of 2011 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/