Madras High Court
Dr.K.Sunitha vs The Director Of Collegiate Education on 12 March, 2021
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD) No.5496 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.5496 of 2021
Dr.K.Sunitha ...Petitioner
Vs.
1.The Director of Collegiate Education,
College Road, Chennai-600 006.
2.The Joint Director of Collegiate Education,
Thirunelveli Region, Thirunelveli.
3.The Correspondent- Secretary,
Scott Christian College,
Nagercoil. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the respondents 1 and 2
herein to approve the petitioner's appointment as Assistant Professor in
Mathematics in the third respondent College, in the sanctioned
Retirement vacancy of Dr.S.Robinson Chellathurai with effect from
07.09.2020 in the light of the order passed in W.A.No.2318 of 2011,
P.Ravichandran-Vs-the State of Tamil Nadu dated 11.10.2013 in SLP.No.
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W.P.(MD) No.5496 of 2021
887 of 2015 dated 29.01.2019 and the approval given by the respondents
to the similarly placed persons like Dr.V.Ahila & Mrs.J.Georgina vide
proceedings in Na.Ka.No.13023/F2/2019 dated 23.04.2019 with
monetary and all other attendant and service benefits based on the
representation of the petitioner dated 23.09.2020.
For Petitioner : Mr.S.Balamurugan
For R-1 and R-2 : Mr.S.Dhayalan
Government Advocate
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed against the third respondent, notice to them is dispensed with.
2.Since the petitioner's request to the respondents to approve her appointment as Assistant Professor in Mathematics in the third respondent College, in the sanctioned Retirement vacancy of Dr.S.Robinson Chellathurai with effect from 07.09.2020 was not http://www.judis.nic.in 2/6 W.P.(MD) No.5496 of 2021 considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 23.09.2020, which is still pending.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, it would be appropriate to direct the respondents 1 and 2 herein to consider the petitioner's representation dated 23.09.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. http://www.judis.nic.in 3/6 W.P.(MD) No.5496 of 2021
5.Accordingly, there shall be a direction to the respondents 1 and 2 to consider the petitioner's representation dated 23.09.2020, on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
12.03.2021 Index : Yes / No Internet : Yes / No cp NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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1.The Director of Collegiate Education, College Road, Chennai-600 006.
2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.
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