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Madras High CourtWP/14/2023disposed of

Nehru Memorial College v. The Director Of Collegiate Education

2023-01-03Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.01.2023 Coram:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Nehru Memorial College, rep. by its Secretary, P.Ravichandran ... Petitioner Vs.

1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

2.The Regional Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the proposal sent by the petitioner college dated 15.09.2022 for seeking sanction of 10 additional/new posts to be more precise Chemistry - 2, Physics - 2, Zoology - 2, Mathematics - 1, Commerce - 1, Economics - 1 and Physical Education Director - 1 in the light of the approval given by the first respondent to the similar college for 3 additional posts in the 1/4

department of Physics vide Proceedings Na.Ka.No.41529/G2/2017 dated 21.07.2022, within a time to be stipulated by this Court. For Petitioner :

Mr.E.Martin Jayakumar For Respondents :

Ms.P.Vijaya Rani, Government Advocate

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.The petitioner College seeks for ten additional sanctioned posts as detailed hereunder:

Chemistry - 2 Physics - 2 Zoology - 2 Mathematics - 1 Commerce - 1 Economics - 1 and Physical Education Director - 1 3.According to the petitioner, similarly placed Colleges were also granted approval for the newly sanctioned posts. Pursuant to the proceedings of the first respondent dated 21.07.2022, the petitioner seeks for a similar relief in this writ petition. The petitioner has submitted a 2/4

proposal on 15.09.2022 to the respondents requesting them to sanction additional posts as stated supra. Since the proposal has not been considered till date, they have filed this writ petition. 4.Heard Mr.E.Martin Jayakumar, learned counsel for the petitioner and Ms.P.Vijaya Rani, learned Government Advocate, who accepts notice on behalf of the respondents.

5.No prejudice would be caused to the respondents if the petitioner's proposal as stated supra is considered, on merits and in accordance with law, after giving due consideration to the Proceedings of the first respondent dated 21.07.2022 in Na.Ka.No.41529/G2/2017 in respect of another similarly placed college, within a time frame to be fixed by this Court. 6.For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law on the petitioner's proposal dated 15.09.2022 seeking for ten additional sanctioned posts, as stated supra, after giving due consideration to the Proceedings of the first 3/4

ABDUL QUDDHOSE, J vga respondent dated 21.07.2022 in Na.Ka.No.41529/G2/2017 in respect of another similarly placed college, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this writ petition is disposed of. No costs.

03.01.2023 vga Index:Yes/No To 1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

2.The Regional Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli.

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