S.Kayalvizhi v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 22.07.2020
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.25494 of 2013 and M.P.NO.1 of 2013 S.Kayalvizhi .. Petitioner - Vs - 1.The Chairman, All India council of Technical Education, New Delhi.
2.The Regional Director, All India council of Technical Education, Chennai.
3.The State of Tamil Nadu, Rep. By its Principal Secretary, Department of Higher Education, Fort. St.George, Chennai.-9 4.The Registrar, Guindy, Chennai.
5.The Director for Affiliation, Guindy, Chennai.
6.The Regional Director, Madurai.
7.The Chairman, Madurai Institute of Engineering and Technology, Pottapalayam, Sivagangai District.
.. Respondents Writ petitions filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus, directing the 1st respondent to issue necessary
direction to the 4th respondent to take appropriate action as against the 7th respondent for having committed malpractices in the appointment given to the petitioner, based on the petitioner's representation 10.08.2013 made to the 1st respondent.
For Petitioner : Mr.K.Kannan For Respondents: M/S. AL.Gandhimathi for RR1 & 2 : M/S.V.Jayaprakash Narayanan for R3 : M/S.V.Shanmugam for RR4 to R6 : M/S.K.Rajasekaran for R7
ORDER
According to the petitioner, the petitioner joined the 7th respondent college in the year 2013. However the 7th respondent college committed malpractices in the appointment given to the petitioner, for which the petitioner made a representation on 10.08.2013 to the 1st respondent to issue necessary direction to the 4th respondent for taking appropriate action against the 7th respondent for committing this kind of malpractices in her appointment. Till date, the petitioner's representation has not been considered, which necessitated the petitioner to file the present writ petition.
2. Though very many grounds have been raised in the writ petition, however, when the matter is taken up, learned counsel appearing for the petitioner submitted that it would suffice if this Court directs the first respondent to consider the representation made by the petitioner and take appropriate action against the 7th respondent based on her representation dated 10.08.2013 and pass orders in accordance with law.
3. Learned counsel appearing for the 7th respondent requested that this Court may issue a direction to the 1st respondent to pass orders on the petitioner's representation, after affording opportunity to the 7th respondent.
4. On the above contention, this Court heard the learned Counsel appearing for the first respondent, who has no objections to such a direction being passed as the first respondent is vested with the power for taking action against the college, which is alleged to have not followed the norms prescribed by the Government in the matter of appointment.
5. In view of the limited relief sought for, this Court without going into the merits of the issue, directs the petitioner to submit a copy of his last representation along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order to the 1st respondent and on such representation being filed, the 1st respondent is directed to consider the same and after providing opportunity of hearing to the 7th respondent, pass orders thereon in accordance with law within a period of three months thereafter.
6. With the above direction, this writ petition is disposed off. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar jrs To 1.The Chairman, All India council of Technical Education, New Delhi.
2.The Regional Director, All India council of Technical Education, Chennai.
3.The State of Tamil Nadu, Rep. By its Principal Secretary, Department of Higher Education, Fort. St.George, Chennai.-9 4.The Registrar, Guindy, Chennai.
5.The Director for Affiliation, Guindy, chennai.
6.The Regional Director, Madurai.
7.The Chairman, Madurai Institute of Engineering and Technology, Pottapalayam, Sivagangai District.
+1cc to Mrs.AL.Ganthimathi, Advocate, S.R.No.25016 W.P. NO.25494/2013 MG(CO) CB(14/08/2020)