A.J. Mahalingan vs The Chief Educational Officer, The District Educational Officer and The Secretary, Sri Sarguru Tribal High School

Markandey Katju, C.J.—This writ appeal has been filed against the impugned judgment of the learned single Judge dated 17.9.2004. We

have heard learned counsel for the appellant and learned Additional Government Pleader.

The petitioner/appellant had been appointed as B.T. Assistant (Science) with effect from 14.9.2001 in Sri Sarguru Tribal High School,

Coonoor, Nilgiris District and the papers for approval had been sent to the second respondent - The District Educational Officer, Coonoor,

Nilgiris District. The only prayer of the petitioner was that appropriate orders should be passed by the second respondent on this proposal.

The learned single Judge, however, has held that the petitioner has no locus standi to file this writ petition. We do not agree. Obviously the

petitioner is interested in getting approval of his appointment, since only then he will start getting salary. Hence it cannot be said that he has no locus

standi to file this writ petition. The writ appeal is, therefore, allowed and the judgment of the learned single Judge is set aside, and a direction is

given to the second respondent to pass appropriate orders in accordance with law on the proposal for approval of the petitioner''s appointment on

the post in question in the same institution preferably within a month. No costs. Consequently WAMP No.1286 of 2005 is also closed.