BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 12.11.2025 PRONOUNCED ON : 09.01.2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD).No.16656 of 2025

and

WMP.(MD).Nos.12642 & 12643 of 2025

V.Nisha

...Petitioner

Vs.

1.The Chief Educational Officer, Nagercoil, Kanyakumari District. 2.The District Educational Officer Nagercoil, Kanyakumari District.

3.The Corporate Management, Rep.by its Manager/Secretary,

Board of School Education,

C.S.I.Diocesan Office,

71-A, Dennis Street, Nagercoil

Kanyakumari District – 629 001.

4.The Correspondent

Duthie Girls Higher Secondary School,

Nagercoil – 629 001 Kanyakumari District. 5.The Correspondent, LMS Higher Secondary School, South Thamaraikulam, Kanyakumari District – 629 701.

6.D.Lizza Rajakumari L.M.S.Girls Higher Secondary School, Marthandam – 629 165 Kanyakumari District.

7.Church of South India, Kanyakumari Diocese, Rep by its Bishop, having office at No.71A, Dennis Street, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.

(R7 is impleaded vide Court order dated 04.07.2025 in W.M.P.(MD).No.13135/2025 in W.P.(MD).No.16656/2025)

...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 3^rd respondent in Ref.No.CM20A/2025-2026 dated 05.06.2025 and the consequential relieving order issued by the 4^th respondent in Ref.No. ‘Nil’ dated 05.06.2025, quash the same, as illegal, and pass such further or other suitable order/orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.K.Ragatheesh Kumar For Respondents For R1, R2 : Mr.N.Satheeshkumar Additional Government Pleader For R3, R4 : Mr.S.C.Heroldsingh For R6 : Mr.S.Chellapandian For R7 : Mr.G.Sailendra Babu

ORDER

The present writ petition has been filed, seeking a Writ of Certiorari, to quash the impugned order passed by the 3^rd respondent in Ref.No.CM20A/2025-2026 dated 05.06.2025 and the consequential relieving order passed by the 4^th respondent in Ref.No.‘Nil’ dated 05.06.2025.

2. The learned counsel for the petitioner would submit that the petitioner has been appointed as a Physical Education Teacher (PET) in the 4^th respondent School, which is administered by the third respondent. He would submit that in the year 2013, a vacancy arose in the School managed by the third respondent at Neyyoor due to the transfer of the then incumbent and the petitioner was transferred to the said school with her consent. Thereafter in the year 2016, a vacancy again arose in the 4^th respondent School due to the superannuation of the then incumbent and the petitioner was transferred to the 4^th respondent School on 09.07.2016. The post of Physical Education Director became vacant in the 4^th respondent school and therefore, the petitioner had submitted an application to the 4^th respondent, seeking promotion to the post of Physical Education Director(PED). However, without considering the petitioner, who was also qualified and eligible for promotion, a Physical Education Director (PED) was appointed by way of direct recruitment, denying the promotional opportunity to the petitioner. The petitioner did not challenge the appointment of the Physical Education Director (PED) by direct recruitment. However, she was pressurised to give a letter, relinquishing her right of promotion, which she refused to give in January 2025.

3. It was learnt that the 2^nd respondent, while considering the proposal for approval of the directly recruited Physical Education Director (PED), had sought for relinquishment of promotion from persons eligible for promotion to the said post and only for that reason, the petitioner was called upon to give such relinquishment. He would submit that the petitioner also gave representations to the Bishop of the Diocese, the District Collector and the Chief Educational Officer on various dates. She had also suffered a medical ailment, was admi