1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10726 of 2011 V.Jeyanthi : Petitioner Vs. 1.The Director of Elementary Education, College Road, Nungambakkam, Chennai-600 006. 2.The District Elementary Education Officer, Theni District, Theni. 3.The Assistant Elementary Education Officer, Periyakulam, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 19.09.2011 and pass appropriate orders in accordance with law. For Petitioner : Mr.V.Raghavachari For Respondents : Mr.S.Chandrasekar Government Advocate ORDER The petitioner has sought for a Mandamus, directing the District Elementary Educational Officer, Theni District, the second respondent herein, to consider her representation dated 19.09.2011, for promotion to the post of Graduate Teacher in English, at D.Vadipatti (Devathanapatti, Vadipatti) Panchayat Union Middle School. 2. It is the case of the petitioner that on 14.07.1997, she was appointed as a Middle School Teacher in Thulukkapatti. She had completed 13 years of unblemished service and, therefore, she is eligible for promotion to the post of Graduate Teacher. As there is a vacancy in the post of Graduate Teacher in the above said subject, she submitted a representation dated 19.09.2011 to the second respondent. According to the petitioner, she is senior most in the list of Secondary Grade Teacher. 3. Mr.S.Chandrasekar, learned Government Advocate, who took notice on behalf of the respondents, submitted that as on today, the petitioner is working as a Secondary Grade Teacher in Silvarpatti Elementary School. Though D.Vadipatti Panchayat Union Elementary School has been recently ordered to be upgraded as Middle School only https://hcservices.ecourts.gov.in/hcservices/ 2 upto Standard 7, it has been given recognition. He denied the allegations made in paragraph No.5 of the supporting affidavit. 4. Heard the learned counsel for the parties and perused the materials available on record. 5. It is well known that B.T. Assistants are promoted from among qualified persons and that their postings are done through general counseling. Though the petitioner has claimed that she has been placed at serial No.1 in the list of eligible teachers for promotion to the post of B.T. Assistant (English) in D.Vadipatti Panchayat Union Upgraded Middle School, according to the learned Government Advocate, orders of recognition/upgradation have been granted by the Directorate of Elementary School Education only upto Standard 7 and no orders of recognition/upgradation upto Standard 8 have been issued and in such circumstances, the above said post has not been included in the general counseling. 6. In the light of the above submission, the petitioner has no legal or statutory right to insist that her representation should be considered for promotion to the post of B.T. Assistant in English. 7. For the reasons stated supra, this Court is of the view that the petitioner has not made out a case for issuance of Writ of Mandamus. Hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The Director of Elementary Education, College Road, Nungambakkam, Chennai-600 006. 2.The District Elementary Education Officer, Theni District, Theni. 3.The Assistant Elementary Education Officer, Periyakulam, Theni District. +1 CC to Special Government Pleader (SR.No.32589) Order made in W.P.(MD).No.10726 of 2011 21.09.2011 SML NSV/22.9.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/