1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9444 of 2011 R.Paulraj ... Petitioner Vs. 1. The State of Tamil Nadu represented by its Principal Secretary to Government, School Education Department, Secretariat, Chennai. 2. The Director of Elementary School Education, College Road, Chennai - 600 006. 3. The District Educational Officer, Dindigul District, Dindigul. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to extend the benefits of the order dated 21.04.2008 of the Division Bench of this Honourable High Court of Judicature at Madras in W.A.No.233 of 2008 which was implemented by the Government in G.O.Ms.No.230, Education, dated 10.08.2010 to the petitioner within a stipulated period. For Petitioner : M/s. S.P.Samuel Raj For Respondents : Mr.S.Chandrasekar, Government Advocate O R D E R The petitioner has sought for a Mandamus directing the respondents to extend the benefit of the order dated 21.04.2008 of the Division Bench of this Court made in Writ Appeal No.233 of 2008, which was later on implemented by the Government in G.O.Ms.No.230, Education, dated 10.08.2010. 2. Mr.S.Chandrasekar, learned Government Advocate takes notice for the respondents. 3. The request for issuance of Mandamus cannot be granted for the reason that the District Educational Officer, Dindigul in his proceedings in O.Mu.No.2071/a4/2010 dated 16.06.2011, has rejected the request of the petitioner and also denied the https://hcservices.ecourts.gov.in/hcservices/ 2 applicability of G.O.Ms.No.190 School Education (G1) Department, dated 12.07.2010 and G.O.Ms.No.230 School Education (G2) Department, dated 10.08.2010. 4. Unless the correctness of the order of the District Educational Officer, Dindigul, dated 16.06.2011 is challenged in the manner known to law, Mandamus cannot be granted, which would be amounting to a collateral challenge and setting aside the order of rejection, which admittedly has not been made. Hence, this Court is not inclined to issue any Mandamus. Accordingly, this writ petition is dismissed. 5. It is open to the petitioner to challenge the order of the District Educational Officer, Dindigul dated 16.06.2011, in the manner known to law. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assitant Registrar To 1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai. 2. The Director of Elementary School Education, College Road, Chennai - 600 006. 3. The District Educational Officer, Dindigul District, Dindigul. +One Cc to Mr.S.P.samuvelraj, Advocate, SR.No.28890 +One cc to The Spl. Govt. Pleader, SR.No.28851 akv rl/6c – 8.9.2011 W.P.(MD)No.9444 of 2011 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/