BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Friday, the Sixteenth day of June Two Thousand Seventeen

PRESENT

The Hon`ble Mr.Justice T.S.SIVAGNANAM

and
The Hon`ble Mr.Justice P.VELMURUGAN

WA(MD) No.620 of 2017

and
CMP(MD).No.5145 of 2017

THE SECRETARY
VALLIAMMAIYAR HINDU TEACHER TRAINING
INSTITUTE, KULASEKHARAPATNAM, THOOTHUKUDI DISTRICT-628 206.
... APPELLANT/4th RESPONDENT
Vs
1 T. SHEBA RANI
BT ASSISTANT(MATHS), VALLIAMMAIYAR HINDU
TEACHER TRAINING INSTITUTE, KULASEKARAPATNAM,
THOOTHUKUDI DISTRICT. ...1st RESPONDENT/PETITIONER

2 THE STATE OF TAMILNADU

REP.BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION,
FORT SAINT GEORGE, CHENNAI-600 009.

3 THE DIRECTOR OF TEACHER EDUCATION,

RESEARCH & TRAINING, D.P.I.COMPOUND,
COLLEGE ROAD, CHENNAI-600 006.

4 THE PRINCIPAL
DISTRICT INSTITUTE OF EDUCATION & TRAINING,
VANARAMUTTI, TIRUNELVELI DISTRICT.
... RESPONDENTS 2 to 4/
RESPONDENTS 1 to 3

Petition praying that in the circumstances stated therein

and in the affidavit filed therewith the High Court will be pleased
to prefer this Memorandum of Grounds of Writ Appeal against the
Order passed by this Court order dated 10/01/2017 in WP(MD)No.13912
of 2011.

PRAYER IN WP(MD). No.13912 of 2011

Petition praying that in the circumstances stated therein and in
the affidavit filed therewith the High Court will be pleased to
issue a Writ of Certiorarified Mandamus, calling for the records
relating the impugned proceedings issued by the 4th respondent
Secretary, Valliammaiyar Hindu Teacher Training Institute,
Kulasekharapatnam in Na.Ka.No.9-2011 dated 31.05.2011 and quash the
same and further direct the respondents herein to approve the
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petitioner s appointment forthwith as B.T. Assistant (Mathematics)

 in the 4th respondent institute and disburse the grant-in-aid
towards salary w.e.f. the date of appointment viz. 11.09.2009.

Prayer in CMP(MD). 5145/ 2017 in WA(MD) No.620 of 2017 :

Petition praying that in the circumstances stated therein and in
the affidavit filed therewith the High Court will be pleased to stay
the Order dated 10/01/2017 in WP(MD)No.13912 of 2011 by this
Honourable High Court pending disposal of the above WA(MD) 620/2017.

ORDER : This petition coming on for orders upon perusing the

petition and the affidavit filed in support thereof and upon hearing
the arguments of M/S.G.PRABHU RAJADURAI, Advocate for the petitioner
and Mr.P.Krishnasamy, learned Counsel for the first respondent and
Mr.V.Muruganantham, learned Additional Government Pleader appearing
for the respondents 2 to 4, the court made the following order:-

Order of the Court was made by T.S.SIVAGNANAM, J.

Heard Mr.G.Prabhu Rajadurai, learned counsel for the appellant,

Mr.P.Krishnasamy, learned counsel for the first respondent and
Mr.V.Muruganantham, learned Additional Government Pleader appearing
for the respondents 2 to 4.

2.It is submitted by the learned counsel for the appellant that

as of now, the appellant institution has been closed down.
Furthermore, the first respondent/writ petitioner was initially
appointed, but, her appointment was not approved, as the appellant
did not resort to proper recruitment process. Therefore, the
appointment of the first respondent/writ petitioner was cancelled
and proper notification was issued for recruiting fresh candidates
and in that selection process, the first respondent/writ petitioner
had participated, but, she was unsuccessful. Therefore, at this
juncture, the question of appointing the first respondent/writ
petitioner does not arise.

3.Mr.P.Krishnasamy, learned counsel, accepting notice on behalf

of the first respondent, submits that he has engaged a Senior
counsel to argue the matter and requests that this writ appeal may
be posted on 23.06.2017.

4.Since contempt proceedings have been initiated by the first

respondent/writ petitioner, pending hearing of this writ appeal, the
contempt proceedings shall remain stayed.

5.Registry is directed to list the writ appeal, on 23.06.2017.

sd/-
16/06/2017
/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,
Madurai - 625 023.
 TO

1 THE SECRETARY,
THE STATE OF TAMILNADU
DEPARTMENT OF SCHOOL EDUCATION,
FORT SAINT GEORGE, CHENNAI-600 009.

2 THE DIRECTOR OF TEACHER EDUCATION,

RESEARCH & TRAINING, D.P.I.COMPOUND,
COLLEGE ROAD, CHENNAI-600 006.

3 THE PRINCIPAL
DISTRICT INSTITUTE OF EDUCATION & TRAINING,
VANARAMUTTI, TIRUNELVELI DISTRICT.

SM:CM-MSA:SAR 1:14.7.2017:3P/4C
ORDER
IN
WA(MD) No.620 of 2017
and
CMP(MD).No.5145 of 2017
Date :16/06/2017

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