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Don Bosco Higher Sec. School vs Principal Secretary To ...

Madras High Court|09 November, 2017

JUDGMENT / ORDER

The relief sought for in this writ petition is to direct the respondent to consider the representations submitted by the writ petitioner.
2.The learned counsel appearing for the writ petitioner made a submission that in respect of the dispute relating to the Management of the writ petitioner School, the petitioner has preferred an appeal before the first respondent on 02.08.2007 and the same was acknowledged by the respondent in letter dated 27.07.2007 and the appeal is yet to be taken up for adjudication by the first respondent.
3.The learned counsel appearing for the second respondent states that already a decree was passed by the Civil Court in respect of the right of Management and therefore, the appeal becomes unnecessary.
4.However, this Court is of the view that the right of appeal of the parties to the Government need not be deprived and the Government being the final authority, an opportunity of exhausting of remedy of appeal is to be provided to the parties in respect of the dispute.
5.Thus, the first respondent is directed to consider the appeal submitted by the writ petitioner which was received by the Government on 29.06.2007 and pass orders on merits and in accordance with law. If necessary, by providing an opportunity to all the parties concerned, within a period of three months from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the appeal and all other relevant documents along with the order passed in this writ petition to the first respondent.
6.Accordingly, the writ petition stands disposed of. However, there is no order as to costs. Consequently, the connected Miscellaneous petition is closed.
09.11.2017 Speaking/Non speaking Order Index : Yes/No Internet: Yes/No ah To Principal Secretary to Government, Secretariat, Fort St. George, Education Department, Chennai  600 009.
S.M.SUBRAMANIAM, J.
ah W.P.No.19252 of 2017 09.11.2017
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Title

Don Bosco Higher Sec. School vs Principal Secretary To ...

Court

Madras High Court

JudgmentDate
09 November, 2017