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2023 Supreme(Online)(Mad) 70566

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice J. SATHYA NARAYANA PRASAD
S.RAJAIAH – Appellant
Versus
DIRECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.06.2023 CORAM THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.26855 of 2010 S.Rajaiah ... Petitioner -vs-

1.The Director, Teacher Education, Research and Training, Chennai - 6.

2.The Joint Director (Personnel), Directorate of Teacher Education, Research and Training, Chennai - 6. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1st respondent in his proceedings Ni.Mu.No.9499/A2/2010 dated 01.11.2010 and Na.Ka.No.4905/A2/2009 dated 02.11.2009 confirming the order passed by the 2nd respondent in his proceedings Na.Ka.No.4917/A2/2006 dated 05.03.2009 and Quash the same, and direct the respondents to confer all the consequential benefits.

For Petitioner : Mr.V.Sivalingam for M/s.C.S.Associates For Respondents : Mr.K.Surendran, Additional Government Pleader **********

ORDER

This writ petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1st respondent in his proceedings Ni.Mu.No.9499/A2/2010 dated 01.11.2010 and Na.Ka.No.4905/A2/2009 dated 02.11.2009 confirming the order passed by the 2nd respondent in his proceedings Na.Ka.No.4917/A2/2006 dated 05.03.2009 and Quash the same, and direct the respondents to confer all the consequential benefits.

2. The case of the petitioner is that he joined as B.T.Assistant (Tamil)

on 03.08.1990 in an aided Management School. While he was working as B.T.Assistant (Tamil), he was selected and appointed as Lecturer in District Institute of Education and Training through Employment Exchange and posted at T.Kallupatti on 11.02.1997 and joined on 20.02.1997. While he was working at T.Kallupatti, his friend's relative by name Pichaimani approached him to help for admission in Teacher Training Institution for his friend's son by name Murugadoss and the petitioner has expressed his inability that in District Institute of Education and Training, being a Government Training Centre, he could not help. However, he requested him to get the boy's admission and he directed them to contact one Pastor by name A.Selvam and they requested the petitioner to take them and also just to help the boy since that boy wants to study the Teacher Training Course, introduced the said Pastor by name A.Selvam to help that boy for admission. The said Pastor by name A.Selvam has got proximity in Concordia Teacher Training Institute, Ambur and got admission for the said boy Murugadoss.

2.1. Learned counsel would submit that a fees for admission for two years that is a sum of Rs.2.50 Lakhs have been collected and also the capitation fee was also paid and the boy underwent the course for four months and the institution is a minority institution and there was a dispute between the Management and the boys afraiding of the dispute in the Management abandoned the course and one such student is the said Murugadoss and he claimed the refund of the entire amount from the Management and they have approached the said Pastor A.Selvam. In this regard and the petitioner have nothing to do with it. When the said boy Murugadoss failed in getting the amount from the said Pastor A.Selvam they started to blame the petitioner and requested to help the boy the petitioner enquired with the said Pastor A.Selvam and he informed that there is dispute in the Management and to save the interest of the said boy he got admission in another Private Teacher Training Institute at Karaikkal and the said boy namely Murugadoss also joined there and thereafter returned to home. Immediately again he started to give complaint and report against the petitioner to other persons. The said Pastor A.Selvam informed the petitioner that the boy abandoned the Course in Karaikkal and for no fault of him in any event he undertook to repay the amount. The said boy also gave police complaint and the a

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