AIDED ELEMENTARY SCHOOL Vs. DIRECTOR OF MEDICAL SCIENCE

JUDGEMENT

(1.) THE Petitioner/School has projected the present Writ of Mandamus praying for passing of an order by this Court in directing the First Respondent to dispose of its Appeal petition dated 25.04.2012 to review the error of judgment in the vision of the Second Respondent/Medical Board and to take appropriate action in this regard within the time to be determined by this Court.

(2.) ACCORDING to the petitioner, one of the teaching staff members viz., the 5th Respondent/E.Poongothai is a chronic neuro patient. She took more than 140 days leave for taking treatment. She had completed 20 years of service. The Second Respondent/Joint Director cum Chairman, Medical Board, Vellore District, submitted a medical report that she is a chronic patient of "Chronic Cerebral vinus thrombosis and hypertension C -para paralysis, etc., which comes under neuro related problems. The Second Respondent Constituted a Medical Board and submitted a Physical Fitness Certificate against the procedure established by the Madras Medical Code. There is an error of judgment in the vision of the Medical Board. As such, the School through its Secretary has preferred an appeal dated 25.04.2012 before the First Respondent and the same is pending.

(3.) THE grievance of the petitioner is that the First Respondent/Director of Medical Science, Chennai 10 has not fulfilled the statutory obligation of disposing of the Appeal dated 25.04.2012 submitted by the petitioner, which is against the provisions of the Madras Medical Code. Therefore, the petitioner has sought for passing of an order by this Court in directing the First Respondent to dispose of the Appeal petition dated 25.04.2012.