1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14255 of 2011 and M.P(MD)No.1 of 2011 The Secretary, Kamaraj Higher Secondary School, Nalumavadi - 628 211, Thoothukudi District. ..Petitioner Vs 1. The Joint Director of School Education, (Higher Secondary), Directorate of School Education, College Road, Chennai. 2. The Chief Educational Officer, Tuticorin District, Tuticorin. 3. The District Educational Officer, Tuticorin District, Tuticorin. 4. R.Rajapandi, S/o.Rasiah, 106-C, Nadar Street, Tiruchendur, Thoothukudi District, (Headmaster, Kamaraj Higher Secondary School, Nalumavadi - 628 211 Thoothukudi.) ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent/Joint Director of School Education,Chennai to consider and pass orders forthwith on the petitioner's appeal to him dated 01.03.2011 made under Section 41 of the Tamil Nadu Recognized Private Schools(Regulation)Act, 1973, r/w Rule 29 of Rules, 1974. For Petitioner :M/s.Issac Mohanlal For Respondents :Mrs.S.Bharathi 1 to 3 Government Advocate ORDER The Petitioner/Secretary of the Kamaraj Higher Secondary School, Nalumavadi - 628 211, Thoothukudi District has filed the present Writ Petition seeking for issuance of a Writ of Mandamus to direct the first https://hcservices.ecourts.gov.in/hcservices/ 2 respondent to consider and pass order on the petitioner's appeal, dated 1.3.2011 filed under Section 41 of the Tamil Nadu Private Schools (Regulation)Act, 1973, r/w Rule 29 of Rules, 1974. 2. Mrs.S.Bharathi, learned Government Advocate takes notice for the respondents 1 to 3. 3. The learned counsel for the petitioner submits that the petitioner/school proceeded departmental action against the fourth respondent Mr.R.Rajapandi, who is now working as Headmaster in that school, on the allegation of misappropriation of funds, salary and demand of bribe etc. After taking preliminary enquiry by the school Committee on the complaint, it was found that the fourth respondent should be put on proper enquiry. Thereafter enquiry was conducted and on completion of enquiry, report was also filed holding him guilty of charges levelled against him. Subsequently, the disciplinary committee after giving reasonable opportunity to the fourth respondent resolved to pass final order and dispensed his service from the petitioner/school. At that stage, approval was sought for in terms of Section 22 of the Tamil Nadu Private Schools(Regulation)Act. Since the appeal, dated 1.3.2011 has been pending and as a result the fourth respondent being continuing in the present position as Headmaster in the petitioner school, the petitioner has filed the present Writ Petition with a limited prayer to issue a Writ of Mandamus directing the first respondent to pass appropriate orders on the appeal filed by the petitioner, dated 1.3.2011 on merits and in accordance with law. 4. Since the learned Government Advocate appearing for the respondents 1 to 3 submits that if reasonable time is given, the pending appeal filed by the petitioner could be properly considered. 5. Recording the said submission, this Court by taking note of the fact that the petitioner has sought for only prior approval for passing appropriate orders on the enquiry report submitted by the Enquiry Officer, that since the second respondent has declined to grant prior approval, this Court is inclined to direct the first respondent to consider and pass appropriate orders on the appeal of the petitioner, dated 1.3.2011, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar To 1. The Joint Director of School Education, (Higher Secondary), Directorate of School Education, College Road, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3 2. The Chief Educational Officer, Tuticorin District, Tuticorin. 3. The District Educational Officer, Tuticorin District, Tuticorin. + 1 cc to The Special Government Pleader, SR No.43846 + 1 cc to Mr.Isaac Mohanlal, Advocate, SR No.43647 W.P(MD)No.14255 OF 2011 14.12.2011 vsn RJ/30.12.11 3p/6c https://hcservices.ecourts.gov.in/hcservices/