Judgment · High Court
Case at a glance
Outcome
Disposed of
In view of the same, the writ petition is disposed of directing the Respondent No
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. Tmt. P.Bharathi... RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to dispose of the appeal dated 07.05.2024, in the third respondent proceedings Na.Ka.No.199/A4/2024, dated 06.06.2024, filed by the petitioner…
Judgment
W.P.No.38699 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.12.2024CORAMTHE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMARW.P.No.38699 of 2024andW.M.P.No.41893 of 2024Mr.J.Swaminathan... Petitioner Vs.
The Director of Elementary Education, DPI Campus, College Road, Chennai – 600 006.
The Joint Director of Elementary Education (Aided), Directorate of Elementary Education, DPI Campus, College Road, Chennai – 600 006.
The District Educational Officer (Elementary Education), Thiruvarur District, Thiruvarur.
The Zonal Educational Officer (Elementary Education), Nannilam Taluk, Thiruvarur District.
Tmt. P.Bharathi... RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to dispose of the appeal dated 07.05.2024, in the third respondent proceedings Na.Ka.No.199/A4/2024, dated 06.06.2024, filed by the petitioner and dispose of the same. For Petitioner: Mr.K.M.VivekanandanPage 1 of 5 https://www.mhc.tn.gov.in/judis W.P.No.38699 of 2024 For Respondents: Mr.K.H.Ravikumar, Government AdvocateO R D E RThe short grievance of the petitioner in this writ petition is in connection with the non-consideration of the statutory appeal filed by the petitioner, as early as on 07.05.2024 against the order of punishment passed by the Respondent No.5 through proceedings dated 06.04.2024, imposing the punishment of "stoppage of increments for a period of two years with cumulative effect" on the petitioner. 2.
The Tamil Nadu Recognized Private School (Regulations) Act, 1973 read with the Tamil Nadu Recognized Private School (Regulations) Rules, 1974 provides for a statutory remedy of appeal against the orders passed by the Respondent No.5 and in terms of the provisions of the said Act, 1973, the petitioner appears to have filed an appeal before the Respondent No.3 as early as on 07.05.2024 and a copy of the said appeal is also placed before this court. 3. Further, it is also brought to the notice of this court that the Respondent No.3, having considered the appeal filed by the petitioner, also through proceedings bearing e/f/vz;/199-M4-2024. dated 06.06.2024, called the Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.38699 of 2024petitioner as well as the Respondent No.4 and conducted an enquiry, but failed to pass any orders thereon. As the said appeal is pending since 07.05.2024, the Respondent No.3 is under statutory obligation to dispose of the said appeal, as expeditiously as possible.
Operative part
4. Mr.K.H.Ravikumar, learned Government Advocate appearing for the Respondent No.3 also fairly submitted that appropriate orders may be passed directing for disposal of the said appeal dated 07.05.2024 filed by the petitioner.5. In view of the same, the writ petition is disposed of directing the Respondent No.3 to dispose of the said appeal dated 07.05.2024 filed by the petitioner against the order passed by the Respondent No.5 through proceedings dated 06.04.2024, as expeditiously as possible, at any rate within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity to the petitioner as well as the Respondent No.5, if not already given, and pass appropriate orders thereon. No costs. Connected miscellaneous petitions, if any, shall stand closed.20.12.2024skrPage 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.38699 of 2024 Index : Yes / NoSpeaking order / Non-speaking orderNeutral Citation : Yes / NoMUMMINENI SUDHEER KUMAR, J.skrTo1.
The Director of Elementary Education, DPI Campus, College Road, Chennai – 600 006.2. The Joint Director of Elementary Education (Aided), Directorate of Elementary Education, DPI Campus, College Road, Chennai – 600 006.3. The District Educational Officer (Elementary Education), Thiruvarur District, Thiruvarur.W.P.No.38699 of 20244. The Zonal Educational Officer (Elementary Education), Nannilam Taluk, Thiruvarur District. Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.38699 of 202420.12.2024Page 5 of 5
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the same, the writ petition is disposed of directing the Respondent No
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.