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2012 DIGILAW 3643 (MAD)

Correspondent, G. M. R. C. Middle School v. Joint Director of Elementary Education

2012-08-22

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. The main contention of the learned counsel appearing on behalf of the petitioner is that, while passing the impugned order, dated 08.12.2010, certain adverse remarks had been made against the petitioner Management, as though the 3rd respondent had been compelled to submit a resignation letter, dated 17.08.2010. 3. The learned counsel had further submitted that, before such adverse remarks are recorded in the impugned order, contrary to the facts, an opportunity of hearing ought to have been given to the petitioner Management. 4. The learned counsel appearing on behalf of the 3rd respondent had submitted that Rule 17-A of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, does not provide for an opportunity of hearing being given to the Management, while making an enquiry with the teacher concerned, regarding the submission of the letter of resignation. 5. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of respondents 1 and 2 had submitted that a revised order would be passed, by the 2nd respondent, without any adverse remarks being recorded, while considering the request of the 3rd respondent for resigning from her service. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the impugned order of the second respondent, dated 08.12.2010, is set aside. The second respondent shall consider the letter of the 3rd respondent, dated 17.08.2010, and pass appropriate orders thereon, on merits and in accordance with law, without recording any adverse remarks against the petitioner Management, as submitted by the learned counsel appearing on behalf of the respondents 1 and 2, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that the 3rd respondent shall continue in service, as per the earlier order passed by the second respondent, on 08.12.2010. 7. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.