V.Ahila v. The Director Of Collegiate Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.02.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.150 & 155 of 2019 Dr.V.Ahila ..Petitioner in W.P.No.150/2019 Mrs.J.Georgina ..Petitioner in W.P.No.155/2019 vs 1.The Director of Collegiate Education, College Road Chennai - 600 006 2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.
3.The Secretary, Scott Christian College, Nagercoil.
..Respondents in both W.Ps Prayer in W.P.No.150/2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to approve the petitioners appointment as Assistant Professor in Commerce, in the 3rd respondent College in the sanctioned Retirement Vacancy of Dr. M. Edwin Gnanadhas and with effect from 18.06.2018 in the light of the order in W.A.No.2318 of 2011, P.Ravichandran - Vs - The State of Tamil Nadu dated 11.10.2013 and the approval given by the 1st Respondent to the similarly placed person Dr. Avvai M.S. Vijaya vide proceedings Mu.Mu.No. 44350/ F2/ 2017 dated 02.04.2018 with monetary and all other attendant and service benefits based on the representation of the petitioner dated 28.11.2018.
Prayer in W.P.No.155/2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to approve the petitioners appointment as Assistant Professor in Zoology, in the 3rd respondent College in the sanctioned Retirement Vacancy of Dr.M.Kanagappan and with effect from 14.11.2018 in the light of the order in W.A.No.2318 of 2011, P.Ravichandran - Vs - The State of Tamil Nadu dated 11.10.2013 and the approval given by the 1st Respondent to the similarly placed person Dr. Avvai M.S. Vijaya vide proceedings Mu.Mu.No. 44350/ F2/ 2017 dated 02.04.2018 with monetary and all other
attendant and service benefits based on the representation of the petitioner dated 28.11.2018.
For Petitioners : M/s.A.V.Bharathi for M/s.C.R.Rose Radhi Jijo (in both W.Ps) For Respondents : Mr.V.Kathirvelu Special Government Pleader (in both W.Ps) C O M M O N O R D E R The grievances of the writ petitioners are that their appointments validly made in a sanctioned post is yet to be approved by the competent educational authority. 2.The 3rd respondent College also sent proposals to the 1st and 2nd respondent on 24.11.2018 and following the same, the petitioners also sent representations on 28.11.2018. However, neither the proposal nor the representations are considered by the competent authorities.
3.Under these circumstances, the 1st and 2nd respondent are directed to consider the proposal submitted by the 3rd respondent / College Management as well as the representations submitted by the writ petitioner on 24.11.2018 and 28.11.2018 respectively and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of their representations and all other relevant documents, if any, along with the order passed in the present writ petitions.
4.With these directions, both the writ petitions stand disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kak To 1.The Director of Collegiate Education, College Road Chennai - 600 006
2.The Joint Director of Collegiate Education, Thirunelveli Region, Thirunelveli.
3.The Secretary, Scott Christian College, Nagercoil.
+2ccs to Mr.C.R.Rose Radhi Jijo, Advocate, S.R.No.17100 & 17099 W.P.Nos.150 & 155 of 2019 CA(CO) rrs 27/03/2019