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2015 DIGILAW 1311 (MAD)

T. Pushpanathan, Correspondent/Educational Agency, Sivagangai District v. Director of Elementary Education

2015-03-05

K.RAVICHANDRA BAABU

body2015
Judgment :- 1. W.P(MD)No.4821 of 2013 is filed challenging the order of the second respondent dated 06.03.2013 and consequential order dated 06.03.2013 for direct payment. Through the impugned proceedings the approval granted to the Educational Agency in the name of the petitioner was cancelled for the reasons set out in the impugned order. 2. W.P(MD)No.3000 of 2013 is filed by the fourth respondent in W.P(MD)No.4821 of 2013 seeking for a Mandamus to direct the respondents to grant approval to the proposal, dated 10.02.2013, to the petitioner to act as Correspondent of Alagammai Achi Memorial Elementary School. 3. It appears that the petitioners in both the writ petitions are making rival claims over the Educational Agency of the above said School. 4. Insofar as the writ petition in W.P(MD)No.4821 of 2013 is concerned, the impugned order of cancellation is challenged on the ground that the same came to be passed in violation of principles of natural justice as the writ petitioner has not been put on notice before passing the order. 5. The learned Additional Government Pleader appearing for the respondents 1 to 3 fairly submitted that as the said order was passed not after issuing notice to the petitioner, the same may be set aside and the matter may be remitted back to the second respondent, namely, District Elementary Educational Officer, Sivagangai District, to pass a speaking order afresh also considering the claim of the petitioner in W.P(MD)No.3000 of 2013. The learned Counsel appearing for the petitioner in W.P(MD)No.3000 of 2013 contended that the petitioner in W.P(MD)No.4821 of 2013 is not entitled to have his Educational Agencies approved as he is only the Headmaster. 6. This Court, at this stage is not inclined to go into the merits of the rival claims of the parties, as this Court otherwise is convinced to set aside the impugned order in W.P(MD)No.4821 of 2013 solely on the reason that the same came to be passed in violation of principles of natural justice. 7. 6. This Court, at this stage is not inclined to go into the merits of the rival claims of the parties, as this Court otherwise is convinced to set aside the impugned order in W.P(MD)No.4821 of 2013 solely on the reason that the same came to be passed in violation of principles of natural justice. 7. Accordingly, without expressing any view on the merits and the claim made by the respective parties, the Writ Petition in W.P(MD)No.4821 of 2013 is allowed and the impugned order is set aside and consequently, the matter is remitted back to the second respondent for passing a fresh order after hearing the petitioners in both writ petitions and also considering the claim of the petitioner in W.P(MD)No.3000 of 2013 in respect of the Proposal dated 10.02.2013. The said exercise shall be done by the second respondent within a period twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous petition is closed. 8. In view of the order passed in W.P(MD)No.4821 of 2013 the Writ Petition in W.P(MD)No.3000 of 2013 is disposed of in the above terms. No costs.