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School Committee of v. G.Vijayalakshmi - Writ Appeal No.1439 of 2005  RD-TN 535 (1 August 2005)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HON'BLE MR. MARKANDEY KATJU, THE CHIEF JUSTICE and
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA Writ Appeal No.1439 of 2005
Writ Petition No.522 of 2005
School Committee of
Sri Ramakrishna Mission Sarada
Vidyalaya Girls Higher Secondary
rep. by its Secretary
134, Usman Road,
T.Nagar, Appellant/ Chennai-600 017. .. third respondent in writ petition -Vs-
G.Vijayalakshmi .. First respondent in writ appeal/writ petitioner Joint Director of School
Education (Higher Secondary)
Chief Educational Officer, .. Respondents in both the Chennai-600 015. writ appeal & W.P. Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 5.7.2005 passed in W.P.M.P.No.611 of 2005 in W.P.No.522 of 2005. Writ Petition filed under Article 226 of the Constitution of India praying for the issue of writ of mandamus directing the second respondent and his subordinates to issue appropriate directions to the third respondent School Committee not to prevent the petitioner from attending the school and from taking classes as Tamil Pandit in the third respondent school in the absence of any statutory prohibition.
For appellant : Mr. M. Ravindran
for M/s. K.Thiruvengadam
For writ petitioner: Mr. N.Damodaran
For respondents : Mr. P.S.Sivashanmugasundaram Govt. Additional Govt. Pleader. :JUDGMENT
(Judgment of the Court was delivered by
The above writ appeal has been preferred against the interim order of the learned single Judge dated 5.7.2005 passed in W.P.M.P.No.611 of 2005 in W.P.No.522 of 2005.
2. By consent of both the parties, we have taken up the writ petition itself for final disposal.
3. In the writ petition, the petitioner seeks for the issuance of a writ of mandamus to direct the Chief Educational Officer, Chennai-60 0 015 and his subordinates to issue appropriate direction to the third respondent School Committee of Sri Ramakrishna Mission Sarada Vidyalaya Girls Higher Secondary School not to prevent the petitioner from attending the school and from taking classes as Tamil pandit in the third respondent school in the absence of any statutory impediment.
4. The writ petitioner was proceeded against by the third respondent School for certain serious acts of misconduct in which it is alleged that the petitioner managed to get loans from many banks by forging salary certificates and fabricating signatures in fictitious letter heads. It is also alleged that from reports of the banks and publication of news in the local news papers this misconduct came to light. It was in those circumstances that the third respondent School proceeded against the petitioner. The total amount of such misfeasance from the banks is stated to have been Rs.33,35,475/-. The respondent School is stated to have passed an order of dismissal and approached the appropriate authority for approval of its order of dismissal. It is also stated that the order of dismissal came to be passed after holding an enquiry for that purpose which enquiry is stated to have been held by a retired judicial officer. However, the School Committee' s application for approval was stated to have been rejected by the competent authority and against the said order, the respondent school has preferred an appeal before the Joint Director of School Education (Higher Secondary), Chennai. The said appeal is stated to be pending.
5. In view of the seriousness and gravity of charges levelled against the petitioner, we are of the view that to bring a quietus to the whole issue, the appellate authority can be directed to dispose of the appeal and till such time, the posting of the writ petitioner in the third respondent school can be awaited. With that view, we dispose of the writ petition directing the Joint Director of School Education (Higher Secondary), Chennai, to dispose of the appeal dated 22.1.200 4 preferred by the third respondent school preferably within six weeks from the production of copy of this order, after hearing the parties concerned. Till such time, the third respondent school need not allow the writ petitioner to join duty. The appellate authority shall dispose of the appeal on its own merits without reference to what is stated in this judgment. In view of the disposal of the writ petition, the writ appeal stands allowed and the interim order is set aside. No costs. W.A.M.P.No.2678 of 2005 is closed.
Joint Director of School
Education (Higher Secondary)
Chief Educational Officer,
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