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2012 DIGILAW 3260 (MAD)

K. Joseph Joyee v. Secretary, School Education Department

2012-07-25

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing for the respondents. 2. The petitioner has filed the present writ petition challenging the impugned proceedings of the third respondent, dated 20.5.2010, disqualifying the petitioner from participating in the counselling process, stating that the petitioner has waived his right to participate in the counselling, for the post of Middle School Headmaster, for a period of three years. 3. It has been contended on the behalf of the petitioner that the counselling ought to have taken place, in respect of Jayagopal Gordia School, Tambaram, on 20.5.2010, as published in the Tamil Daily `Dina Thanthi', on 16.5.2010. Even in the impugned proceedings of the third respondent, dated 20.5.2010, it has been stated that the counselling had taken place, on 20.5.2010, and that the petitioner had not participated in the said counselling and therefore, he is deemed to have waived his right to participate in the counselling, for the following three years. In the counter affidavit filed on behalf of the third and the fourth respondents it has been stated that the counselling, in respect of the Jayagopal Gordia School, Tambaram, had been held on 17.5.2010. However, the said claim, made by the third and the fourth respondents, had not been substantiated by sufficient evidence. 4. Per contra, the learned counsel appearing on behalf of the respondents had submitted that a communication had been sent to Jayagopal Gordia School, Tambaram, stating that the counselling would be held for its qualified teachers, on 17.5.2010. He had also submitted that nearly 2000 candidates from Kancheepuram District had appeared for the counselling, held on 17.5.2010. Only five candidates, including the petitioner, had not appeared for the counselling, on the said date. However, sufficient records had not been placed before this Court, on behalf of the respondents, to substantiate the claim that the counselling, in respect of Jayagopal Gordia School, Tambaram, had been held, on 17.5.2010. 5. At this stage of the hearing of the writ petition the learned counsel appearing on behalf of the respondents had submitted that, taking into consideration the facts and circumstances of the present case, the petitioner would be permitted to participate, during the next counselling session, whenever it would be held. He had further submitted that appropriate communication would be sent to the schools concerned, before such counselling is held. 6. He had further submitted that appropriate communication would be sent to the schools concerned, before such counselling is held. 6. In view of the submissions made by the learned counsel appearing on behalf of the respondents, this Court finds it appropriate to set aside the impugned order of the third respondent, in so far as it relates to the petitioner. Consequently, the respondents shall permit the petitioner to participate in the next counselling, for the post of Middle School Headmaster, whenever it is held, as per the proceedings of the second respondent. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.