LAWS(MAD)-2010-2-495

A ALAGUSUNDARAM MEMORIAL MIDDLE SCHOOL Vs. STATE OF TAMIL NADU

Decided On February 26, 2010
A. ALAGUSUNDARAM MEMORIAL MIDDLE SCHOOL Appellant
V/S
STATE OF TAMIL NADU, REP. BY COMMISSIONER AND SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, MADRAS Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ of Certiorari in calling for the records in Na.Ka.No.1425/A2/03 dated 28.02.2003 on the file of the third respondent/the District Elementary Educational Officer, Madurai and quash the same as illegal, arbitrary one and against the principles of natural justice.

(2.) THE petitioner/School was originally established as 'Kalaimani Middle School' in the year 01.06.1953 by the father of late A.Alagusundaram of the Secretary's School. THE third respondent in proceedings in D.Dis.No.12853/A3/94 dated 20.10.1994 approved the change of the name of the school as A.Alagasundaram Memorial Middle School. THE Petitioner/School is a recognised school and provided with teaching and maintenance grant.

(3.) WHEN the proceedings to approve the 12 teachers appointed till 1991 is pending on the file of the third respondent/District Elementary Educational Officer, Madurai, he passed orders in his proceedings in Na.Ka.No.7784 Elementary Education dated 15.06.1995 communicated the proceedings of the Director of Elementary Education in Na.Ka.No.7784/Elementary Education dated 25.09.1996 which mentions that the vacant posts were surrendered and the posts were withdrawn and therefore the said posts should not be filled up on any account. The proceedings of the Director of Elementary Education and the third respondent are illegal, arbitrary and against the principles of natural justice. The petitioner/school had not surrendered any of the posts sanctioned to it. All the posts in the school were duly filled up and the teachers were working and the proceedings to approve the appointment of the teachers were pending on the file of the third respondent.