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Madras High CourtWP/2242/2023disposed of

C.Nithyeswari v. The Secretary To Government

2023-01-30Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.2320 of 2023 C.Nithyeswari W/o.Yuvaraj ... Petitioner Vs.

1.The Secretary to Government, Department of Higher Education, Fort St.George, Chennai - 600 009.

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

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents herein to appoint the petitioner as Guest Lecturer in Computer Science in the light of the parameters set out in G.O.Ms.No.269, dated 25.11.2022 especially in (clause 6) with respect to giving preference to candidates who possess teaching experience in Government Colleges by considering the representation given by the petitioner dated 04.01.2023. 1/7

For Petitioner : Ms.G.Selvi George For Respondents : Mr.D.Ravichander Special Government Pleader *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 04.01.2023 wherein the petitioner has sought for appointing her as a Guest Lecturer in the light of G.O.Ms.No.269, dated 25.11.2022 and give preference to the petitioner, who possesses teaching experience in Government College.

2. The case of the petitioner is that she was working as a Guest Lecturer in the Government College on a consolidated pay. A situation arose where the Lecturers, who were working in Annamalai University were found to be surplus and hence, they had to be accommodated in other Government Colleges. In order to meet such a contingency, the petitioner and others, who were similarly placed were relieved from the post of Guest Lecturer with an assurance that whenever any vacancy arises, they will be once again appointed as Guest Lecturers. 2/7

3. The further case of the petitioner is that the first respondent took a decision to fill up 1895 vacancies in Government Arts and Science College by filling them with Guest Lecturers in line with the parameters prescribed in G.O.Ms.No.269, dated 25.11.2022. According to the petitioner, there are many vacancies available, which are yet to be filled up with the Guest Lecturers. Hence, the petitioner made a representation to the respondents on 04.01.2023 to appoint him as the Guest Lecturer in the respective department in line with the parameters issued under G.O.Ms.No.269, dated 25.11.2022. Since the representation of the petitioner was not considered, the present writ petition has been filed seeking for appropriate directions.

4. Learned Special Government Pleader appearing on behalf of the respondents submitted that there were totally 1895 vacancies identified and out of which, 1320 vacancies have been filled up with Guest Lecturers. The balance vacancies will also be accommodated with Guest Lecturers provided that the candidates fulfill the parameters set out in G.O.Ms.No.269, dated 25.11.2022.

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5. Learned Special Government Pleader further submitted that the candidates whose services are yet to be utilized as Guest Lecturers must also fulfill the UGC guidelines.

6. In view of the above, it will suffice if this writ petition is disposed of with a direction to the second respondent to consider the representation made by the petitioner on 04.01.2023 and deal with the same on its own merits and take a decision within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order. Accordingly, this Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

30.01.2023 Index: yes/no Speaking Order/Non-Speaking Order 4/7

gm To 1.The Secretary to Government, Department of Higher Education, Fort St.George, Chennai - 600 009.

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

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N.ANAND VENKATESH, J gm 30.01.2023 7/7