1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.931 of 2011 and M.P.No.1 of 2011 M.Rajasekar, Headmaster, Panchayat Union Primary School, Kattu Kudi Patti, Thirupathur Taluk, Sivagangai District. : Petitioner/Appellant 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/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 05.09.2011 made in W.P.(MD).No.9906 of 2011 on the file of this Court. WP(MD)No.9906 of 2011 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent not to delete the name of the petitioner from the panel for promotion to the post of Middle School Headmaster for the year 2011 without following due process of law and further direct the first respondent to permit the petitioner to participate in the counselling for the post of Middle School Headmaster. For Appellant : Mr.D.Sadiq Raja For Respondents : Mr.K.Mahendran Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed against the order of the learned Single Judge dated 05.09.2011 made in W.P.(MD).No.9906 of 2011, by which the learned Single Judge has dismissed the said Writ Petition filed by the appellant herein seeking a direction to the respondents herein not to delete his name from the panel for promotion for the post of Middle School Headmaster for the year 2011 without following due process of law and further direct the first respondent to permit the appellant to participate in the counselling for the post of Middle School Headmaster. https://hcservices.ecourts.gov.in/hcservices/ 2 2. It is seen that the Educational Authorities have already taken a decision on 20.07.2011, based on which the name of the appellant was directed to be deleted on the ground that he has not undergone Higher Secondary Course. If really the appellant was not qualified and has not undergone Higher Secondary Course, which is the condition for including his name, it is for him to challenge the proceedings of the Educational Authorities dated 20.07.2011. 3. In such view of the matter, we do not see any reason to interfere with the order of the learned Single Judge. Therefore, the Writ Appeal stands dismissed. However, liberty is granted to the appellant to challenge the said proceedings of the Educational Authorities dated 20.07.2011, based on which the name of the appellant was sought to be deleted, if so advised. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar(C.S) 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. +1. CC to Mr.D.Sadiq Raja, Advocate, SR.No.32367 NB JUDGMENT MADE IN W.A.(MD).No.931 of 2011 20.09.2011 TR :10.10.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/