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2014 DIGILAW 190 (MAD)

Aided Elementary School v. Director of Medical Science

2014-01-28

M.VENUGOPAL

body2014
JUDGMENT 1. The Petitioner/School has projected the present Writ of Mandamus praying for passing of an order by this Court in directing the First Respondent to dispose of its Appeal petition dated 25.04.2012 to review the error of judgment in the vision of the Second Respondent/Medical Board and to take appropriate action in this regard within the time to be determined by this Court. 2. According to the petitioner, one of the teaching staff members viz., the 5th Respondent/E.Poongothai is a chronic neuro patient. She took more than 140 days leave for taking treatment. She had completed 20 years of service. The Second Respondent/Joint Director cum Chairman, Medical Board, Vellore District, submitted a medical report that she is a chronic patient of "Chronic Cerebral vinus thrombosis and hypertension C-para paralysis, etc., which comes under neuro related problems. The Second Respondent Constituted a Medical Board and submitted a Physical Fitness Certificate against the procedure established by the Madras Medical Code. There is an error of judgment in the vision of the Medical Board. As such, the School through its Secretary has preferred an appeal dated 25.04.2012 before the First Respondent and the same is pending. 3. In fact, the Petitioner/School made an Appeal dated 25.04.2012 to the First Respondent by resorting Section 5 under Chapter XVII, Medical Boards and Certificates, Para No.576 of the Madras Medical Code. The School, through its Secretary intimated the Fourth Respondent in regard to the above Appeal petition dated 26.04.2012 and by way of an telegraphic intimation to the Third Respondent on 11.09.2012. It appears that the said Appeal as on date has not been disposed of. The petitioner has given a representation on 11.09.2012 to the Education Secretary to the Government about the pendency of the Appeal dated 25.04.2012 and requested the Government to issue guidelines in this regard. In the meanwhile, the Fourth Respondent/Additional Assistant Elementary Educational Officer, K.V.Kuppam, Vellore District, on the basis of the representation dated 12.09.2012 of the Fifth Respondent issued a letter directing the Management/School to induct her into service through letter dated 17.09.2012, which was received on 18.09.2012. 4. The grievance of the petitioner is that the First Respondent/Director of Medical Science, Chennai 10 has not fulfilled the statutory obligation of disposing of the Appeal dated 25.04.2012 submitted by the petitioner, which is against the provisions of the Madras Medical Code. 4. The grievance of the petitioner is that the First Respondent/Director of Medical Science, Chennai 10 has not fulfilled the statutory obligation of disposing of the Appeal dated 25.04.2012 submitted by the petitioner, which is against the provisions of the Madras Medical Code. Therefore, the petitioner has sought for passing of an order by this Court in directing the First Respondent to dispose of the Appeal petition dated 25.04.2012. 5. In view of the fact that the Petitioner/School has sought for disposal of its Appeal petition dated 25.04.2012 addressed to the First Respondent/Director of Medical Science, Chennai and this Court taking note of the fact that the said Appeal petition has not been disposed of as on date, in the interest of Fair play, Equity, Justice, Good Conscience and even as a matter of prudence directs the First Respondent/Director of Medical Science, Chennai 10 to dispose of the Appeal petition dated 25.04.2012 of the petitioner, within a period of six weeks from the date of receipt of passing of this order. 6. With the aforesaid direction, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.