Dr.C.Balakrishnamurthy , Ph.D v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Dr.C.Balakrishnamurthy ... Petitioner Vs.
1.The Principal Secretary, Higher Education Department, St.George Fort, Chennai - 600 009.
2.The Director of Collegiate Education, Institute of Advance Study in Education Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.
3.The Regional Joint Director of Collegiate Education, Race Course Road, Next to Income Tax Office Building, Coimbatore - 641 018.
4.The Registrar, Bharathiar University, Coimbatore - 641 046.
5.The Secretary, PSG College of Arts and Science College (Autonomous) Civil Aerodrome (P.O) Coimbatore - 641 014.
... Respondents 1/5
Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the second respondent to issue necessary order to the fifth respondent to forthwith fill up the existing vacancies of teaching and non-teaching staff in the fifth respondent College by considering the petitioner's representation dated 19.01.2023 within a reasonable time as fixed by this Court. For Petitioner : Mr.D.R.Arun Kumar 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 to direct the second respondent to consider the representation made by the petitioner on 19.01.2023 wherein the petitioner has sought for a direction to the fifth respondent to fill up the existing vacancies of teaching and non-teaching staff in the fifth respondent College.
2. The case of the petitioner is that the fifth respondent College regularly fills up the teaching and non-teaching staff vacancies when it comes to their self-financing College, whereas, when it comes to the Aided College, the fifth respondent does not take any steps to fill up the 2/5
vacancies. According to the petitioner, there are 108 vacancies in the teaching staff and 44 vacancies in the non-teaching staff and totally 152 vacancies have not been filled up by the fifth respondent College when it comes to Aided College. A representation was made by the petitioner in this regard on the ground that since the vacancies were not filled up, the existing teaching and non-teaching staff are being burdened. Since the representation made by the petitioner was not acted upon, the present writ petition has been filed before this Court seeking for appropriate direction.
3. Heard Mr.D.R.Arun Kumar, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader, appearing for the respondents.
4. Taking into consideration the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the second respondent to consider the representation made by the petitioner on 19.01.2023 after calling the fifth respondent for an enquiry and a decision shall be taken within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is directed 3/5
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.
30.01.2023 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Secretary, Higher Education Department, St.George Fort, Chennai - 600 009.
2.The Director of Collegiate Education, Institute of Advance Study in Education Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.
3.The Regional Joint Director of Collegiate Education, Race Course Road, Next to Income Tax Office Building, Coimbatore - 641 018.
4.The Registrar, Bharathiar University, Coimbatore - 641 046.
5.The Secretary, PSG College of Arts and Science College (Autonomous) Civil Aerodrome (P.O), Coimbatore - 641 014.
4/5
N.ANAND VENKATESH, J gm 30.01.2023 5/5