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Judgment
Honourable Mr. Justice Vinod K. Sharma
The Petitioner has approached this Court with the prayer for issuance of a writ in the nature of mandamus, directing the first respondent to sanction two post of secondary grade and one B.T. Assistant, to the petitioner school, as per decision of the Hon''ble Full Bench judgment in Director of Elementary Education, Chennai 6 and others v. S.Vigila, reported in 2006 (5) CTC 385, by accepting the representation of the petitioner dated 24.03.2011. The case of the petitioner is that keeping in view of the strength of the school, and the guideline laid down by the Hon''ble Full Bench of this Court, in the case of Director of Elementary Education, Chennai 6 and others vs. S.Vigila, (supra), the petitioner''s school is entitled to sanction of two posts of Secondary Grade and one B.T. Assistant in the School.
It is further case of the petitioner that before approaching this Court, the petitioner submitted a representation dated 24.03.2011 calling upon the respondents herein to sanction necessary posts, but till date no action has been taken thereof.
The contention of the learned counsel for the petitioner is that the petitioner is running Government aided Middle school. In order to safeguard the interest of the children studying in the school, they have legal right to appoint teacher as per the sanctioned strength as per the norms fixed by the Hon''ble Full Bench of this Court and accepted by the Government of Tamil Nadu.
The judgment of the Hon''ble Full Bench Court imposes statutory duty on the respondents to take a final decision on the representation.
At this stage, without going into the merits of the controversy raised in this writ petition, this writ petition is disposed of by directing the respondents to take a final decision on the representation submitted by the petitioner, and pass appropriate order thereon within two months of the receipt of copy of this order.
It is made clear that in case the respondent reject the request, he is directed to pass detailed speaking order giving detailed reasons, for not accepting the request. No cost.