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Madras High CourtWP/4995/2021disposed of

A.Rajivezhilvalan v. Additional Principal

2024-02-13Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.4995 of 2021 A.Rajiv Ezhil Valan ... Petitioner Vs.

The Additional Principal, Head, P.G.Department of English, Sacred Heart College (Autonomous), Tirupattur, Vellore District - 635 601.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent to consider the representation dated 17.12.2020 of the petitioner for reinstate the petitioner in the post of Assistant Professor in Sacred Heart College (Autonomous), Tirupattur, Vellore - 635 601.

For Petitioner :

Mrs.Nalini Chidambaram, Senior Counsel for Mrs.C.Uma For Respondent :

Mr.P.Godson Swaminathan for Mr.Isaac Chambers

ORDER

The petitioner who has been working as a trainer in English in the Department of Communicative English of the respondent College, has filed this Writ Petition.

2. The petitioner has got 7 years of experience as a Trainer in English in the same College. However, the petitioner was orally terminated in the year 2019. In this regard, the petitioner has given a representation on 17.12.2020 requesting the respondent to reinstate him in the post of Assistant Professor and so far, it has not been considered.

3. Heard Mrs.Nalini Chidambaram, learned Senior Counsel assisted by Mrs.C.Uma, counsel for the petitioner and Mr.P.Godson Swaminathan, learned counsel for the Respondent.

4. The learned counsel for the respondents submitted that the petitioner has not been appointed as a faculty by undergoing any selection process and she has been engaged only on contract basis and she has no

locus standi to file the Writ Petition seeking to appoint her as Assistant Professor in the Respondent College.

5. The petitioner has been appointed only in the capacity of a Trainer to train the students for better communication in English. Since the petitioner's service has been utilized for 7 years without any increment, the petitioner would have believed that at some point of time, she would get regular appointment in the respondent College. Though the petitioner does not have any locus standi to claim appointment as an Assistant Professor, the respondent may consider the circumstances of the petitioner and appoint her in any suitable post based on her qualification.

6. With the above observation, this Writ Petition is disposed of. No costs.

13.02.2024 Index: Yes / No Speaking order / Non-speaking order vum

R.N.MANJULA ,J.

vum W.P. No.4995 of 2021 13.02.2024